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A MODEL 
TENEMENT HOUSE LAW 



RUSSELL SAGE FOUNDATION 
PU BLICATIONS 

HOUSING REFORM: A Hand-book for Practical Use in 
American Cities. By Lawrence Veiller. Foreword by 
Robert W. de Forest. 220 pages. Price, postpaid, $1.25. 

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CHARITIES PUBLICATION COMMITTEE 

IO5 EAST 22D STREET, NEW YORK 
158 ADAMS STREET, CHICAGO 



RUSSELL SAGE 
FOUNDATION 



A MODEL 

TENEMENT HOUSE 

LAW 

BY 

LAWRENCE VEILLER 

|l 

AUTHOR OF "HOUSING REFORM," ETC. 



NEW YORK 
CHARITIES PUBLICATION 
COMMITTEE .... MCMX 






Copyright, 1910, by 
The Russell Sage Foundation 



PRESS OF WM. F. FELL CO. 
PHILADELPHIA 



©01 AS61083 



TABLE OF CONTENTS 



PAGE 



I. SOME GENERAL CONSIDERATIONS . i 

II. A MODEL TENEMENT HOUSE LAW 11-120 

Chapter I 
General Provisions 13 

Chapter II 

New Buildings 21 

Title 1. Light and Ventilation . . .21 

Title 2. Sanitation 36 

Title 3. Fire Protection .... 44 

Chapter III 
Alterations 57 

Chapter IV 
Maintenance 69 

Chapter V 
Improvements 89 

Chapter VI 
Requirements and Remedies . . . .105 

Index 123 

v 



I 

SOME GENERAL CONSIDERATIONS 



I 

SOME GENERAL CONSIDERATIONS 

WHEREVER tenement reform is under- 
taken much time and effort are usually 
given to the preparation of a housing 
law. This is a difficult task, accomplished only after 
much labor by one or two public-spirited citizens 
who, as a rule, come to it unprepared. When put 
into practise it frequently develops that many im- 
portant matters have been overlooked, that some 
parts have been so drawn as not to accomplish 
what was intended, that others are so involved 
that they are understood neither by the officials 
who have to enforce them nor by the citizens 
who are called upon to obey them. The usual 
procedure heretofore has been to take the New 
York law as a base, comparing it in some instances 
with similar laws of other cities, and then to make 
such changes as seem desirable. This method 
has not proved very satisfactory. 

The present New York law when originally 
enacted, nine years ago, was comparatively simple 
— today, because of frequent amendment, it is 
rather complicated. It is, moreover, framed to 
meet the peculiarly aggravated conditions which 

3 



A MODEL TENEMENT HOUSE LAW 

prevail there and which exist to the same degree 
in no other city. In addition, excellent as the 
New York law is, it is by no means ideal but only 
the best law that could be obtained at the time 
of its passage. In this connection it should be 
remembered that its enactment was secured 
forty years too late; that then conditions had so 
developed, property values had increased so ab- 
normally through so many years, the existing 
types of multiple dwelling had become so fixed 
that it was not possible at that late day to more 
nearly approach ideal standards. To illustrate: 

The New York law limits the height of non- 
fireproof tenement houses hereafter erected to 
six stories. This in no sense represented the views 
of the framers of that law as to what was desirable. 

Had conditions permitted, they would gladly 
have recommended that the limit be fixed at four 
stories and even three stories. But this was not 
practicable in 1901 when the law was enacted. 
Owing to the high land values and the cost of 
building, a four-story tenement could not then 
have been erected on Manhattan Island and made 
to pay; nor indeed could a five-story one, without 
unduly raising rents and seriously increasing the 
cost of living. In other words, the law repre- 
sents not ideal standards, but only those stand- 
ards that were possible of adoption at the time of 
its enactment. 

How unwise, therefore, for other cities to copy 
arbitrarily such requirements and embody them 



SOME GENERAL CONSIDERATIONS 

in their statutes. No American city today need 
be satisfied with the New York standard for the 
limitation of height of new non-fireproof tene- 
ments. Very few cities need fix their standard at 
five stories, while many may still safely keep it 
at four, and most of them at three. 

Similarly, with regard to the provision for open 
spaces for light and ventilation. In New York 
it is not possible today to fix the minimum depth 
of yards in new six-story tenements at more than 
thirteen feet; anything more than this would 
make the building of such houses in Manhattan 
unprofitable owing to the excessive land values 
which there prevail. In other cities, however, 
it is still entirely feasible to fix such standards at 
twenty or even twenty-five feet. So, with regard 
to the percentage of lot that may be occupied, the 
New York law limits this to 70 per cent; other 
cities can and should fix the limits, while it is still 
possible, at 60 and even 50 per cent. 

For these reasons the New York law is not to be 
closely copied by other American cities; nor is it 
the right standard for those cities. Other com- 
munities where housing evils are not so firmly 
entrenched can adopt higher standards than today 
are possible in New York. 

It is because of all these considerations that the 
"Model Law" has been prepared. It is not 
meant to be an ideal or perfect statute. It is not 
in that sense "model". It is intended, however, 
to serve as a working model. It is meant as the 

5 



A MODEL TENEMENT HOUSE LAW 

basis of a tenement house law for every American 
city. 

All those enactments which any city would 
wish to make to regulate past, present and pros- 
pective housing evils have been included. 

It has been prepared for practical use by lay- 
men, as well as by lawyers and public officials, and 
has been kept as simple and concise in form as it 
is possible to make it. 

Housing laws deal with the construction of new 
buildings, the alteration of existing ones and the 
maintenance of all, and are used therefore by 
many different classes in the community: build- 
ers, architects, plumbers, iron workers, owners, 
tenants, social workers. Ordinarily each in- 
dividual is compelled to hunt through all parts of 
a tenement law to find those provisions in which 
he is interested. 

In this respect the model law represents a great 
advance. The various provisions have here been 
so classified that each person can quickly and 
readily find those matters which interest him. A 
builder need only consider the provisions of one 
chapter of the law, viz., that relating to ''New 
Buildings". A man wishing to alter his house 
will find everything bearing on it in one separate 
chapter entitled " Alterations"; the landlord 
will find grouped together under "Maintenance", 
in another chapter, all those provisions which 
govern the maintenance of such houses; and here, 



6 



SOME GENERAL CONSIDERATIONS 

too, tenants and social workers will find what 
they want to know. 

The law is divided into six chapters: Chapter I, 
General Provisions (including Definitions). Chap- 
ter II, New Buildings. (This again is divided into 
three divisions: Title i. Light and Ventilation. 
Title 2. Sanitation. Title 3. Fire Protection). 
Chapter III, Alterations. Chapter IV, Mainte- 
nance. Chapter V, Improvements, and Chapter 
VI, Requirements and Remedies. 

Another advantage of this plan of classification 
is that it enables people in a given community to 
adapt their laws to local needs and conditions. Take 
for instance the difficult and perplexing problem 
of compulsory improvements in the older houses, 
the cutting in of windows, the removal of privies 
and the installation of modern plumbing, etc. No 
features of a tenement house law arouse so much 
opposition as these, and naturally so. Owners 
who have been permitted for years to maintain 
their houses in a certain condition, when suddenly 
called upon to make extensive alterations — some- 
times at considerable cost, and often without any 
compensating financial return — are naturally 
roused into active opposition. 

With the plan of classification adopted in the 
Model Law, which puts all these requirements for 
compulsory improvements in a separate chapter, 
it becomes possible for persons interested in hous- 
ing reform in any city, in formulating their legis- 
lation, either to omit entirely such requirements, 

7 



A MODEL TENEMENT HOUSE LAW 

or to postpone their enactment for a few years, 
until the more fundamental requirements for the 
proper maintenance of such houses, and the 
regulation of the types of new buildings have been 
secured and the community has become accus- 
tomed to the new order of things and adjusted 
itself to it. 

The model law thus enables each community 
to proceed 7 intelligently and, as conditions war- 
rant, either to legislate for the remedy of all evils 
at one step, or to proceed cautiously, one step at a 
time — one year taking up the proper maintenance 
of tenement houses, another year the regulation of 
new buildings, and later the improvement of the 
older ones. 

A tenement law to be effective should be ad- 
justed to local needs. What is necessary and 
permissible in New York, may not be necessary in 
Chicago or Philadelphia. To meet this situation, 
a plan has been adopted of printing in capital 
letters those standards which may vary in each 
city; thus, in the provision dealing with the 
percentage of lot permitted to be occupied, in the 
model law this is fixed at SIXTY per cent. Some 
cities will wish to limit it to fifty, others to sixty- 
five, others to seventy, etc.; all that each city 
needs to do is to change the one word SIXTY and 
leave the rest of the section as it is. The con- 
venience of such a plan is obvious. 

It should be distinctly understood that where 
there is no featuring of a standard, it means that 

8 



SOME GENERAL CONSIDERATIONS 

the requirement is deemed right for every city, 
and should be enacted without change, if enacted 
at all. 

Some cities will find it desirable to omit many 
sections of the law, others to omit whole chapters. 
Too much emphasis cannot be placed upon ad- 
hering strictly to the phraseology and punctuation 
of the Model Law. Efforts should not be made 
to "improve" or "simplify" it. Every word, 
every comma has been weighed and has its exact 
meaning. Many of the provisions have stood the 
test of many years' enforcement and interpreta- 
tion. 

After each section, will be founiJ explanatory 
notes giving briefly the reasons for its enactment 
and commenting on the more important points. 

One word as to Housing Laws and Tenement 
House Laws. There is a difference. This is a 
Model Tenement House Law, not a model housing 
law. It applies and is intended to apply only to 
multiple dwellings; that is, tenement houses. 
The standard fixed in the model law, differen- 
tiating the two, is the standard that has been 
adopted in most American cities, namely, the 
occupancy by three families or more. If it is 
desired to raise this standard, to bring two-family 
houses under the law, this can be done by simply 
changing one word in the definition of a tenement 
house. Similarly, if it is desired to make this a 
housing law applicable to all dwelling houses, 
this can be done by changing the title, by sub- 

9 



A MODEL TENEMENT HOUSE LAW 

stituting for the definition of a tenement house, a 
definition of a dwelling house, and by changing 
the words "tenement house" wherever they occur 
to "dwelling house". If this is done, however, 
the law should be subjected to the closest scru- 
tiny to determine whether all of its provisions 
should then be retained. 

It is presupposed that the principles which 
govern tenement house legislation, as well as the 
problems involved in the administration of such 
statutes, all discussed fully in " Housing Reform",* 
are known to the reader. 

* Housing Reform. By Lawrence Veiller. With Foreword by 
Robert W. deForest. Charities Publication Committee, New York, 
19 10. 214 pages. Price, postpaid, $1.25. 



10 



II 

A MODEL TENEMENT HOUSE LAW 



AN ACT 
In Relation to Tenement Houses in Cities of 



The People of the State of , 

represented in Senate and Assembly, do enact 
as follows: 

Chapter I 

GENERAL PROVISIONS 

§ i. Short Title. This act shall be known as 
the Tenement House Act. 

§ 2. Definitions. Certain words in this act 
are defined for the purposes thereof as follows. 
Words used in the present tense include the future; 
words in the masculine gender include the femi- 
nine and neuter; the singular number includes 
the plural and the plural the singular; the word 
"person" includes a corporation as well as a 
natural person. 

(i) A "tenement house" is any house or build- 
ing, or portion thereof, which is rented, leased, 
let or hired out, to be occupied, or is occupied, or 
is intended, arranged or designed to be occupied 
as the home or residence of THREE families or 

13 



A MODEL TENEMENT HOUSE LAW 

more living independently of each other, and 
doing their cooking upon the premises, and having 
a common right in the halls, stairways, yard, 
cellar, water-closets or privies, or some of them, 
and includes apartment houses and flat houses. 

This definition includes all classes of mul- 
tiple dwellings containing three families or 
more, whether popularly known as tenements, 
flats orapartments. Pressure will be brought 
to exclude from the provisions of a tenement 
law the better grade flats and apartments. 
This should not be done. There are no pro- 
visions of the law which apply to the cheapest 
tenement which should not equally apply 
to the highest class apartment and flat. The 
rich as well as the poor are entitled to light 
and air, proper sanitation, privacy, and 
reasonable fire protection. There is also no 
way of drawing a legal distinction between 
these various classes of tenements which 
will be sound and which will not result in 
evasion and nullification of the statute. 

If, for reasons of policy, it is desired not to 
emphasize this issue, the last phrase of the 
section reading as follows: "and includes 
apartment houses and flat houses" may be 
omitted. The legal effect of the section will 
be the same without it. It should be noted 
that this definition does not include hotels 
nor lodging houses. It should not do so. 
The problems of the common lodging house 
occupied by homeless men or homeless women 
are totally different from the problems of 
14 



GENERAL PROVISIONS 

the tenement house occupied by families. 
The two should not be confused. No city 
should set its standard of what constitutes 
a tenement house at more than three families. 
Some cities may find it desirable to make the 
standard two families, though this is a large 
question. 

(2) A "yard" is an open unoccupied space on 
the same lot with a tenement house, between the 
extreme rear line of the house and the extreme 
rear line of the lot. 

The words "on the same lot" are essential. 
Do not permit the lighting of buildings from 
open spaces on other premises, as ultimately 
these may be built up and the light is then 
withdrawn. 

(3) A "court" is an open unoccupied space, 
other than a yard, on the same lot with a tenement 
house. A court not extending to the street or 
yard is an inner court. A court extending to the 
street or yard is an outer court. 

The comment appended to the preceding 
section applies equally to this. 

(4) A "shaft" includes exterior and interior 
shafts, whether for air, light, elevator, dumb- 
waiter, or any other purpose. 

(5) A "public hall" is a hall, corridor or pas- 
sageway not within an apartment. 

(6) A "stair hall" includes the stairs, stair 
landings and those portions of the public halls 

15 



A MODEL TENEMENT HOUSE LAW 

through which it is necessary to pass in going be- 
tween the entrance floor and the roof. 

(7) A "basement" is a story partly but not 
more than one-half below the level of the curb. 

(8) A "cellar" is a story more than one-half 
below the level of the curb. 

(9) A "fireproof tenement house" is one the 
walls of which are constructed of brick, stone, 
cement, iron or other hard incombustible ma- 
terial, and in which there are no wood beams or 
lintels, and in which the floors, roofs, stair halls 
and public halls are built entirely of brick, stone, 
cement, iron or other hard incombustible material, 
and in which no woodwork or other inflammable 
material is used in any of the partitions, furrings 
or ceilings. But this definition shall not be con- 
strued as prohibiting, elsewhere than in the stair 
halls or entrance halls, the use of wooden flooring 
on top of the fireproof floors or the use of wooden 
sleepers, nor as prohibiting wooden handrails and 
hard-wood treads such as described in section 
forty-four of this act. 

(10) A "wooden building" is a building of 
which the exterior walls or a portion thereof are 
of wood. 

(11) The word "nuisance" shall be held to 
embrace public nuisance as known at common 
law or in equity jurisprudence; and it is further 
enacted that whatever is dangerous to human 
life or detrimental to health; whatever building 
or erection, or part or cellar thereof, is over- 

16 



GENERAL PROVISIONS 

crowded with occupants, or is not provided with 
adequate ingress and egress to and from the same, 
or the apartments thereof, or is not sufficiently 
supported, ventilated, sewered, drained, cleaned 
or lighted, in reference to their or its intended or 
actual use; and whatever renders the air or 
human food or drink, unwholesome, are also 
severally in contemplation of this act, nuisances; 
and all such nuisances are hereby declared illegal. 

(12) The word "shall" is always mandatory 
and not directory, and denotes that the house 
shall be maintained in all respects according to 
the mandate as long as it continues to be a tene- 
ment house. 

This is important. Without it, the word 
" shall" is sometimes construed by the courts 
to mean "may". Many of the provisions of 
the law should be mandatory, not permissive, 
especially the provisions relating to new 
buildings. The phrase also that "the house 
shall be maintained in all respects according 
to the mandate" is important as it prohibits 
the alteration of such a building after it has 
been erected, otherwise than in accordance 
with the law. 

(13) Wherever the words "charter," " ordi- 
nances," "regulations," "department of build- 
ings," "health department," "department charged 
with the enforcement of this act," "corporation 
counsel," "city treasury" or "fire limits" occur 
in this act they shall be construed as if followed 

2 17 



A MODEL TENEMENT HOUSE LAW 

by the words "of the city in which the tenement 
house is situated." Wherever the words "is 
occupied" are used in this act, applying to any 
building, such words shall be construed as if 
followed by the words "or is intended, arranged 
or designed to be occupied." 

(14) The "height" of a tenement house is the 
perpendicular distance measured in a straight 
line from th^curb level to the highest point of the 
roof beams, the measurements in all cases to be 
taken through the center of the facade of the house. 
Where a building is on a corner lot and there is 
more than one grade or level, the measurements 
shall be taken through the center of the facade on 
the street having the greatest grade. 

§ 3. Buildings Converted or Altered. A 
building not erected for use as a tenement house, 
if hereafter converted or altered to such use, 
shall thereupon become subject to all the pro- 
visions of this act affecting tenement houses here- 
after erected. 

Without this provision the law can be 
completely evaded by erecting all new build- 
ings in the guise of alterations to existing 
houses leaving a portion of the building stand- 
ing for a while, while the new work is going 
on, and then tearing down that portion and 
later rebuilding there; thus, ultimately, get- 
ting a new building without compliance with 
the law. In addition, without this the ten- 
18 



GENERAL PROVISIONS 

dency would be to alter existing houses rather 
than to build new tenements, which should 
be discouraged as this tends to perpetuate 
the evils of the older buildings. 

§ 4. Alterations and Change in Occupancy. 
No tenement house hereafter erected shall at any 
time be altered so as to be in violation of any 
provision of this act. And no tenement house 
erected prior to the passage of this act shall at 
any time be altered so as to be in violation of 
those provisions of this act applicable to such 
tenement houses. If any tenement house or any 
part thereof is occupied by more families than 
provided in this act, or is erected, altered or 
occupied contrary to law, such tenement house 
shall be deemed an unlawful structure, and the 
health department may cause such building to 
be vacated. And such building shall not again 
be occupied until it or its occupation, as the case 
may be, has been made to conform to the law. 

No tenement house should be permitted 
to be altered so as to be in violation of the 
law. Nor should it be occupied in future by 
more families than that for which it was in- 
tended at the time it was built. 

§ 5. Law Not to be Modified. Except as 
herein otherwise specified, every tenement house 
shall be constructed and maintained in conform- 
ity with the existing law, but no ordinance, regu- 
lation or ruling of any municipal authority shall 

19 



A MODEL TENEMENT HOUSE LAW 

repeal, amend, modify or dispense with any 
provision of this act. 

This is one of the most important sections 
of the whole law. It prevents the misuse of 
so-called "discretionary power". It is of 
little value to work out carefully in detail, 
the exact requirements that are necessary, 
for instance, to ensure adequate light and 
ventilatiori or proper sanitation, if some local 
official has the power at any time to set aside 
or modify, at his pleasure, these essential 
requirements. The section as drawn will 
prevent any modification of the act (in case 
it is a state law by local boards of aldermen 
or similar bodies) by the Health Commissioner, 
or by the Superintendent of Buildings, or by 
any board of examiners or board of appeal 
attached to the building department. 

§6. Time for Compliance. All improve- 
ments specifically required by this act upon tene- 
ment houses erected prior to the date of its pas- 
sage, shall be made within ONE YEAR from 
said date, or at such earlier period as may be 
fixed by the health department. 

If chapter V dealing with improvements 
to existing houses is not included in a par- 
ticular tenement law, this section is then 
unnecessary and should be omitted. 



20 



CHAPTER II 



NEW BUILDINGS 



In this Chapter will be found all the 
Provisions which must be Observed when a 
Person Proposes to Build a New Tenement 
House, or to Convert or Alter to such Pur- 
poses a Building which is not then a Tenement 
House. 



r 






Chapter II 
NEW BUILDINGS 

TITLE i— LIGHT AND VENTILATION 

§ io.* Percentage of Lot Occupied. No 
tenement house hereafter erected shall occupy 
more than EIGHTY per centum of a corner lot, 
nor more than SIXTY per centum of any other 
lot; the measurements shall be taken at the 
ground level. 

In some cities it is permitted to take the 
measurements at the level of the second tier 
of beams; that is, to permit the yard spaces 
and in some cases the court spaces to be cov- 
ered over on the ground floor, especially in the 
case of corner buildings. For interior lots 
this is not necessary in any American city. 
For corner lots it may be necessary in some 
cities. It is only necessary where land- 
values are abnormally high and there is the 
necessity of using much ground-floor space for 
shops. 

* Following the custom in many states, gaps are purposely left 
in the numbering of the sections so as to provide for new sections 
which later it may be found necessary to enact, thus preserving the 
continuity of the numbering. Under this system chapter I ends 
with section 6, and chapter II begins with section 10. Chapter II 
ends with section 52 and chapter III begins with section 60. 

23 



A MODEL TENEMENT HOUSE LAW 

§n. Height. No tenement house hereafter 
erected shall exceed in height THE WIDTH of the 
widest street upon which it stands. 

§ 12. Yards. Behind every tenement house 
hereafter erected there shall be a yard extending 
across the entire width of the lot, and at every 
point open from the ground to the sky unob- 
structed. The depth of said yard, measured 
from the extreme rear wall of the house to the 
rear line of the lot, shall be proportionate to the 
height of the building. In the case of tenement 
houses hereafter erected which are FORTY- 
EIGHT FEET in height, the yard shall be not 
less than EIGHTEEN FEET in depth in every 
part. Said yard shall be increased in depth TWO 
FEET for every additional TWELVE FEET of 
height of the building, or fraction thereof; and 
may be decreased in depth TWO FEET for every 
TWELVE FEET of height of the building less 
than FORTY-EIGHT FEET; but it shall never 
be less than FIFTEEN FEET in depth in any 
part. 

The yards of both corner and interior lots 
are here placed on the same basis, and the 
same minimum established for each. This is 
desirable as affording adequate means of ven- 
tilating the interior of blocks. In many 
cities yards of corner buildings are allowed 
to be considerably less than yards of build- 
ings on interior lots. If this is found desir- 
able this section should be amended as fol- 
24 



NEW BUILDINGS 

lows: line eight after the words "In the 
case of tenement houses hereafter erected 
which are FORTY-EIGHT FEET in height, 
the yard" insert the following: "on lots other 
than a corner lot! 1 Also in line eleven after 
the words "EIGHTEEN FEET in depth in 
every part", insert the following: "and on 
corner lots the yard shall he not less than 
TWELVE FEET in depth in every part". And 
at the end of said section add the following: 
"in the case of lots other than a corner 
lot, nor in the case of corner lots less than 
TWELVE FEET in depth in any part." 

§ 13. Courts. The sizes of all courts shall be 
proportionate to the height of the building. No 
court shall be less in any part than the minimum 
sizes prescribed in this section. In the case of 
tenement houses hereafter erected which are 
FORTY-EIGHT FEET in height, the width of 
all courts shall be not less than TWELVE 
FEET in any part; and for every TWELVE 
FEET of increase or fraction thereof in the 
height of the said building, such width shall be 
increased ONE FOOT throughout the entire 
height of said court; and for every TWELVE 
FEET of decrease in the height of the said 
building below FORTY-EIGHT FEET such 
width may be decreased ONE FOOT, but no 
court shall ever be less than TEN FEET in 
width in any part. In the case of inner courts, 
the length of such courts shall never be less than 

25 



A MODEL TENEMENT HOUSE LAW 

TWICE the minimum width prescribed by this 
section. 

The minimum width of such courts must 
be measured from the wall of the court to 
the lot line of the property. Vacant lots on 
adjoining premises cannot wisely be included, 
as later they may be built upon and the light 
and air will be shut out. The only way to en- 
sure permanent adequate light and ventilation 
is to provide it on the same premises. The 
minima here established are intended to be 
the minima for each lot. 

§ 14. Courts Open at Top. No court of a 
tenement house hereafter erected shall be covered 
by a roof or skylight, but every such court shall 
be at every point open from the ground to the sky 
unobstructed. 

§ 15. Air-Intakes. Every inner court shall 
be provided with two or more horizontal air- 
intakes at the bottom. One such intake shall 
always communicate directly with the street and 
one with the yard, and shall consist of a fireproof 
passageway not less than three feet wide and 
seven feet high which shall be left open, or be 
provided with an open gate at each end. 

The purpose of this requirement is to provide 
a means of renewing the air in inner courts. 
Most air currents are horizontal; without 
these intakes or tunnels the air in an inner 
court is pretty sure to be stagnant most of 
26 



NEW BUILDINGS 

the time except at the top story. With 
this provision, however, excellent ventilation 
is furnished. This system has been in vogue 
for some years in other cities and has given 
great satisfaction. These tunnels also afford 
means of exit from the yard to the street in 
case of fire. 

§ 1 6. Angles in Courts. Nothing contained 
in the foregoing sections concerning courts shall 
be construed as preventing windows at the angles 
of said courts, provided that the running length of 
the wall containing such windows does not exceed 
six feet. 

This is to permit cutting off the corner of 
a court so as to secure a window at an angle, 
thus obtaining better light. The limitation 
to six feet in length of the portion of the 
wall thus set at an angle is necessary, as 
otherwise evasion of the requirement establish- 
ing the minimum width of the court would be 
possible; the wall running at an angle might 
be made so as to almost coincide with the en- 
tire length of the court, thus materially reduc- 
ing the width desired. 

§ 17. Rear Tenements. No tenement house 
shall hereafter be erected upon the rear of a lot 
where there is a tenement house on the front of the 
said lot, nor upon the front of any such lot upon 
the rear of which there is such a tenement house. 

It would seem that rear tenements should 
not be built in the future. If it is desired 
27 



A MODEL TENEMENT HOUSE LAW 

to permit them, all that is necessary to do is 
to omit this section. The subsequent sec- 
tion will entirely provide for the conditions 
under which such houses may be built. 

§ 1 8. Buildings on Same Lot with Tene- 
ment Houses. If any building is hereafter placed 
on the same lot with a tenement house there shall 
always be maintained between the said buildings 
an open unetcupied space extending upwards 
from the ground and extending across the entire 
width of the lot; where either building is FORTY- 
EIGHT FEET in height such open space shall be 
TWENTY-FOUR FEET from wall to wall; and 
for every TWELVE FEET of increase or fraction 
thereof in the height of such building, such open 
space shall be increased TWO FEET in depth 
throughout its entire width, and for every 
TWELVE FEET of decrease in the height of 
such building below FORTY-EIGHT FEET, the 
depth of such open space may be decreased TWO 
FEET. And no building of any kind shall be 
hereafter placed upon the same lot with a tene- 
ment house so as to decrease the minimum size 
of courts or yards as hereinbefore prescribed. 
And if any tenement house is hereafter erected 
upon any lot upon which there is already another 
building, it shall comply with all of the provisions 
of this act, and in addition the space between the 
said building and the said tenement house shall 
be of such size and arranged in such manner as 
is prescribed in this section, the height of the 

28 



NEW BUILDINGS 

highest building on the lot to regulate the di- 
mensions. 

If there are to be in the future several 
buildings on the same lot, it is essential that 
there should be an ample open space between 
the buildings and also at the rear of the rear 
building, so that all rooms will have adequate 
light and ventilation. This section applies 
to the case of a building not a tenement be- 
ing placed on the same lot with a tenement 
house either on the front, rear or side, and 
limits the minimum size of open space pro- 
portionately to the height of the buildings. 
It also provides for the case where a tene- 
ment house is built on a lot where there is no 
tenement house at present but where there are 
other buildings. 

§ 19. Rooms, Lighting of and Ventilation 
of. In every tenement house hereafter erected 
every room, including water-closet compartments 
and bath-rooms, shall have at least one window 
opening directly upon the street or upon a yard 
or court of the dimensions specified in this chapter 
and such window shall be so located as to properly 
light all portions of such rooms. 

§20. Windows in Rooms. In every tenement 
house hereafter erected the total window area in 
each room, including water-closet compartments 
and bath-rooms, shall be at least one-tenth of the 
superficial area of the room, and the top of at 
least one window shall not be less than seven feet 

29 



A MODEL TENEMENT HOUSE LAW 

six inches above the floor, and the upper half 
of it shall be made so as to open the full width. 
No such window shall be less than twelve square 
feet in area between the stop beads. 

In many cities windows for water-closet 
compartments and bath-rooms are permitted 
to be of a small size. This is unnecessary and 
undesirable. Water-closets in tenements need 
larger windows even than bedrooms, as light 
and ventilation are more necessary here than 
in any other part of the house. 

§21. Rooms, Size of. In every tenement 
house hereafter erected all rooms, except water- 
closet compartments and bath-rooms, shall be of 
the following minimum sizes: In each apartment 
there shall be at least one room containing not 
less than ONE HUNDRED AND FIFTY 
SQUARE FEET of floor area, and each other 
room shall contain at least NINETY SQUARE 
FEET of floor area. Each room shall be in 
every part not less than NINE FEET high from 
the finished floor to the finished ceiling. 

It is important not to permit rooms in new 
houses to be too small. The standard estab- 
lished here is considered adequate. To make 
bedrooms larger as a matter of compulsory 
regulation is not wise nor necessary. The 
requirement that one other room in each 
apartment shall be of a certain size means 
that either the kitchen, the parlor or the 
dining room shall be of such size. It is not 
3° 



NEW BUILDINGS 

wise to limit it definitely to the so-called 
"living room" as it too closely restricts the 
planning of the building. Rooms in new 
houses should not be less than nine feet high 
when finished. 

§22. Alcoves and Alcove Rooms. In a 
tenement house hereafter erected an alcove in any 
room shall be separately lighted and ventilated 
as provided for rooms in the foregoing sections 
and shall be not less than NINETY SQUARE 
FEET in area. No part of any room in a tene- 
ment house hereafter erected shall be enclosed or 
subdivided at any time, wholly or in part, by a 
curtain, portiere, fixed or movable partition or 
other contrivance or device, unless such part of 
the room so enclosed or subdivided shall contain 
a separate window as herein required and shall 
have a floor area of not less than NINETY 
SQUARE FEET. 

This section is vitally important. With- 
out it, unscrupulous builders in some cities 
have built long narrow rooms and later sub- 
divided them into two rooms, making half 
of them dark and without outside ventilation. 
This section does not prohibit the alcove 
treatment of rooms, but does prohibit an 
alcove without outside ventilation and too 
small in size to be used separately as a room. 

§ 23. Chimneys and Fireplaces. In every 
tenement house hereafter erected there shall be 
adequate chimneys running through every floor 



A MODEL TENEMENT HOUSE LAW 

with an open fireplace or grate, or place for a 
stove, for every apartment, properly connected 
with one of said chimneys. 

This provision is not for the tenants' com- 
fort or convenience but is necessary to secure 
proper ventilation. It is especially impor- 
tant in apartments where there is no 
"through" ventilation. 

§ 24. Privacy. In every tenement house here- 
after erected, in each apartment access to every 
living room and bedroom and to at least one water- 
closet compartment shall be had without passing 
through any bedroom. 

This does not mean that there must be a 
private hall provided for each apartment. 
It means that the rooms shall be so arranged 
that access to the bedrooms and one water- 
closet compartment shall be either through 
the kitchen, parlor, library, dining room or 
private hall. In apartments where there are 
several bath-rooms and water-closet com- 
partments, it does not mean that access to 
every water-closet compartment shall be had 
without passing through a bedroom, but 
that there shall be at least one water-closet 
compartment to which access may thus be 
had. This provision is made especially nec- 
essary by the practice of tenants taking 
lodgers and boarders into their apartments. 

§ 25. Public Halls. In every tenement house 
hereafter erected, every public hall shall have at 

32 



NEW BUILDINGS 

each story at least one window opening directly 
upon the street or upon a yard or court of the 
dimensions specified in this chapter. Such win- 
dow shall be at the end of said hall with the plane 
of the window at right angles to the hall's axis. 
Any part of a public hall which is shut off from 
any other part of said hall by a door shall be 
deemed a separate hall within the meaning of this 
section. 

In some cities the public halls are lighted 
and ventilated by windows opening on courts. 
This is not necessary in most cities and not de- 
sirable in any. The proper method is to ex- 
tend the hall through, either to the front or the 
rear of the building, thus securing a window 
on the street or yard. Where both can be had 
it is best. This is of great importance as the 
public halls and stairs are the parts of the 
building most generally neglected. If dark, 
they are often apt to be kept in a filthy con- 
dition, and act as a breeding place for 
germs of tuberculosis and other diseases. 
Dark halls also lead to immorality and 
are a serious sanitary evil. Every effort 
should be made to get the public halls and 
stairs as light as possible. The subdivision 
of a long public hall by doors shutting it off 
into sections and thus creating dark portions 
of it, should be prevented. The last sen- 
tence in this section addresses itself to this 
evil. There is no objection to shutting off 



33 



A MODEL TENEMENT HOUSE LAW 

the halls ; but if it is done, the portions shut 
off must be separately lighted and ventilated. 

§ 26. Windows and Skylights for Public 
Halls, Size of. One at least of the windows 
provided to light each public hall or part thereof 
shall be at least TWO FEET SIX INCHES wide 
and FIVE FEET high, measured between stop 
beads. In eyery such house there shall be in the 
roof, directly over each stair-well, a ventilating 
skylight provided with ridge ventilators having a 
minimum opening of FORTY SQUARE INCHES, 
or such skylight shall be provided with fixed or 
movable louvres. 

§ 27. Windows for Stair Halls, Size of. In 
every tenement house hereafter erected there shall 
be provided for each story at least one window to 
light and ventilate each stair hall which shall be 
at least TWO AND A HALF FEET wide and 
FIVE FEET high, measured between the stop 
beads. A sash door shall be deemed the equiva- 
lent of a window in this and the two foregoing 
sections, provided that such door contains the 
amount of glazed surface prescribed for such 
windows. 

Note that this does not require that the 
window for the stair hall shall be provided at 
each story but for each story. This permits, 
therefore, a window on the stair landing, a 
form of construction which will be found de- 
sirable and in many cases necessary. The 
34 



NEW BUILDINGS 

light is thus thrown on the half flight of 
stairs going up and on the half flight going 
down. Sash doors are permitted as the 
equivalent of windows so as to provide for 
types of buildings using outside stairs; also 
so as to permit French-window treatment if 
desired. 



35 



A MODEL TENEMENT HOUSE LAW 
TITLE 2— SANITATION 

§ 30. Basement and Cellar Rooms. In tene- 
ment houses hereafter erected no room in the 
cellar shall be constructed, altered, converted 
or occupied for living purposes; and no room in 
the basement shall be constructed, altered, con- 
verted or occupied for living purposes, unless, in 
addition to the other requirements of this act, 
all of the following conditions are complied with: 

(1) Such room shall be at least NINE FEET 
high in every part from the floor to the ceiling. 

(2) The ceiling of such room shall be in every 
part at least FOUR FEET AND SIX INCHES 
above the curb level of the street in front of such 
room; when such room or the apartment con- 
taining it is located in the rear of the building, the 
yard and courts upon which such room or apart- 
ment opens shall extend to a point below the 
floor level of said room. Every such room shall 
be an integral part of an apartment containing a 
room having a window opening directly to the 
street or yard. 

(3) There shall be appurtenant to such room 
a separate water-closet, constructed and arranged 
as required by section thirty-four of this act. 

(4) Such room shall have a window opening 
upon the street, or upon a yard or court. The 
total area of windows in such room shall be at 
least ONE-EIGHTH of the superficial area of the 
room, and the upper half of the window shall be 

36 



NEW BUILDINGS 

made to open the full width. No such window 
shall be less than TWELVE SQUARE FEET in 
area between the stop beads. 

(5) All walls surrounding such room shall be 
damp-proof. 

(6) The floor of such room shall be damp-proof 
and water-proof. 

This section distinguishes between living 
rooms in cellars and basements. In new build- 
ings cellar living rooms should not be tolerated. 
Basement living rooms may be permitted for 
the janitor and sometimes for tenants, but only 
under strictly regulated conditions. 

The essential things are to see that the 
rooms are high enough, are sufficiently above 
ground for proper light and ventilation and are 
free from dampness. 

Where rooms are located in the rear of the 
basement they should be entirely above 
ground. This is easily possible by requiring 
that the yards and courts shall be excavated 
to below the basement floor level. This will 
also prevent dampness in the walls and floor. 

The last phrase in subdivision two is in- 
tended to prevent "interior" apartments in 
basements; that is, apartments without any 
room either on the street or yard. Such 
apartments with their rooms opening only 
on courts are sometimes necessary in New 
York in the upper stories, but they should 
not be permitted in a basement under any 
circumstances. 

37 



A MODEL TENEMENT HOUSE LAW 

The ratio of window openings to the area 
of the room is purposely here made greater 
than in the case of rooms on the upper floors. 

§31. Cellars, Damp-proofing and Light- 
ing. Every tenement house hereafter erected 
shall have all walls below the ground level and 
the cellar or lowest floors damp-proof and water- 
proof. When necessary to make such walls and 
floors damp-pfroof and water-proof, the damp- 
proofing and water-proofing shall run through the 
walls and up the same as high as the ground level 
and shall be continued throughout the floor, and 
the said cellar or lowest floor shall be properly 
constructed so as to prevent dampness or water 
from entering. All cellars and basements in such 
tenement houses shall be properly lighted and 
ventilated in all their parts. 

This is not a requirement that some special 
method of damp-proofing or water-proofing 
shall be employed. It means that the walls 
and floors below ground level shall be damp- 
proof and water-proof. In many cases the 
character of the soil determines this without 
any additional precautions. In other cases 
special damp-proofing is necessary. This is 
accomplished generally by tar paper, hot tar, 
asphalt and other well established methods. 
The requirement at the end of this section that 
all cellars and rooms shall be properly lighted 
and ventilated is very important. Cellars are 
the greatest source of sanitary danger in 
38 



NEW BUILDINGS 

tenement houses. When dark, they are es- 
pecially likely to be piled high with accumu- 
lations of rubbish and refuse, thus becoming 
breeding places for disease germs. Every 
portion of a cellar in a new tenement should 
be thoroughly lighted and ventilated. This is 
equally important from the point of view of 
fire protection. 

§32. Shafts, Courts, Areas and Yards. In 
every tenement house hereafter erected the bottom 
of all shafts, courts, areas and yards which ex- 
tend to the basement or cellar shall extend SIX 
INCHES below the floor level of said basement or 
cellar. In every tenement house hereafter erected 
all shafts, courts, areas and yards shall be prop- 
erly graded and drained, and connected with the 
street sewer so that all water may pass freely into 
it. And when required by the health depart- 
ment they shall be properly concreted. 

This is not a requirement that all shafts, 
courts, areas and yards shall go down to the 
basement or cellar, but only in case courts do 
go down, that they shall extend below. The 
purpose of this is to prevent water, etc., from 
draining into the cellars or basements and to 
ensure them against dampness. 

§ 33. Water Supply. In every tenement 
house hereafter erected there shall be in each 
apartment a proper sink with running water. 

39 



A MODEL TENEMENT HOUSE LAW 

§ 34. Water-closet Accommodations. In 
every tenement house hereafter erected there shall 
be a separate water-closet in a separate compart- 
ment within each apartment. Each such water- 
closet shall be placed in a compartment completely 
separated from every other water-closet; such 
compartment shall be not less than THREE 
FEET wide, and shall be enclosed with plastered 
partitions, which shall extend to the ceiling. 
Every such compartment shall have a window 
opening directly upon the street or upon a yard 
or court of the minimum size prescribed by this 
act. Every water-closet compartment hereafter 
placed in any tenement house shall be provided 
with proper means of lighting the same at night. 
If fixtures for gas or electricity are not provided 
in said compartment, then the door of said com- 
partment shall be provided with translucent glass 
panels, not less in area than FOUR SQUARE 
FEET. The floor of every such water-closet 
compartment shall be made water-proof with 
asphalt, tile, stone or some other non-absorbent 
water-proof material; and such water-proofing 
shall extend at least SIX INCHES above the 
floor so that the said floor can be washed or 
flushed out without leaking. No drip trays shall 
be permitted. No water-closet fixtures shall be 
enclosed with any woodwork. 

The most important part of this section is 
the requirement that the water-closet for each 
family shall be within the apartment. Water- 
40 



NEW BUILDINGS 

closets located in the public halls, even 
though not used in common, are objection- 
able and should not be tolerated. If located 
inside the apartment responsibility for their 
abuse can be definitely fixed. It is important 
that the water-closets shall be entirely en- 
closed; dwarf partitions should not be per- 
mitted. Each water-closet compartment 
must also have its own window. One large 
window divided between different compart- 
ments will not give adequate ventilation. 
The water-proof floor and six inch base is 
essential so that it may be flushed out. Do 
not permit any wooden floors or base, or the 
enclosing of the fixtures with wood. The 
woodwork becomes saturated and foul, a 
harboring place for vermin, and injuries to 
the pipes, if they exist are not readily seen 
or gotten at. 

§ 35. Sewer Connection. No tenement house 
shall hereafter be erected on any street unless 
there is a public sewer therein, or a private sewer 
connecting directly with a public sewer. No cess- 
pool or privy vault or similar means of sewage 
disposal shall be used in connection with any such 
tenement house, but every such house shall have 
its plumbing system connected with a public sewer 
before such house is occupied. 

This provision will prevent the building of 
tenement houses in those parts of cities 
where there are no public sewers, — that is, 
41 



A MODEL, TENEMENT HOUSE LAW 

in the outlying suburban sections. If these 
sections are so undeveloped that public 
sewers have not been constructed, there is no 
necessity for building tenement houses, as 
land values are sufficiently low to warrant 
the erection of houses for one family or at 
the most two families each. Cess-pools for 
tenements ought never to be tolerated even 
when constructed "tight". They will in a 
short tim^/be found to be leching, permitting 
the contents, especially the liquids, to per- 
meate the soil. Where there are no sewers 
there is likely to be no city water-supply, 
and the presence of cess-pools renders water 
pollution easy. 

§36. Plumbing. In every tenement house 
hereafter erected no plumbing fixtures shall be 
enclosed with woodwork. All plumbing pipes 
shall be exposed, when so required by the health 
department. In all tenement houses hereafter 
erected where plumbing or other pipes pass 
through floors or partitions, the openings around 
such pipes shall be sealed or made air-tight with 
plaster or other incombustible materials, so as to 
prevent the passage of air or the spread of fire from 
one floor to another or from room to room. All 
plumbing work, except as otherwise specified in 
this act, shall be in accordance with the plumbing 
regulations of said city. 

There has been no attempt to include in 
this law the details of plumbing construction 
42 



NEW BUILDINGS 

which are ordinarily found in plumbing 
codes, such as the material of pipes, sizes and 
weights, methods of trapping and venting 
fixtures, &c. It is assumed that these mat- 
ters are dealt with or will be dealt with in 
the general plumbing code of each city. 

Theoretically the plumbing pipes should be 
exposed. In the ordinary tenement house it 
is possible to do this. In high class apart- 
ment houses the tenants will object to the 
unsightliness of the rough plumbing in some 
cases. It is therefore best to give to the 
health department discretion as to when this 
shall be required. 



43 



A MODEL TENEMENT HOUSE LAW 
TITLE 3— FIRE PROTECTION 

§ 40. Fireproof Tenement, When Required. 
Every tenement house hereafter erected exceeding 
FOUR stories or parts of stories in height above 
the curb level, shall be a fireproof tenement house. 
A cellar the ceiling of which does not extend more 
than two feet above the curb level is not a story 
within the meaning of this section. 

While this is primarily a provision for fire 
protection, it is important in securing better 
light and ventilation and as a means of 
preventing congestion of population. The 
limitation of the height of a tenement and 
the amount of land that may be occupied are 
the surest means of limiting the number of 
people that may live in a given area. It will 
be found that requiring tenements to be fire- 
proof if above a certain height, has the effect 
of establishing limits for the height of the 
ordinary tenements. This section limits such 
a house to four stories and cellar, the ceiling of 
which is two feet above the curb. A four- 
story and basement building must be fire- 
proof. 

§41. Fire-escapes. Every tenement house 
hereafter erected, unless provided with fireproof 
outside stairways directly accessible to each apart- 
ment, shall have fire-escapes located and con- 
structed as in this section required. All such fire- 
escapes shall open directly from at least one room 

44 



NEW BUILDINGS 

or private hall in each apartment at each story 
above the ground floor, other than a bathroom or 
water-closet compartment, and such room or 
private hall shall be an integral part of said apart- 
ment and accessible to every room thereof without 
passing through a public hall. Access to fire- 
escapes shall not be obstructed in any way. No 
fire-escape shall be placed in a court. Fire- 
escapes may project into the public highway to a 
distance not greater than FOUR FEET beyond 
the building line. All fire-escapes shall consist of 
outside open iron or stone balconies and stair- 
ways. All balconies shall be not less than 
THREE FEET in width and shall include at 
least one window or outside door of each apart- 
ment, at each story above the ground floor. All 
stairways shall be placed at an angle of not more 
than SIXTY degrees, with flat open steps not 
less than SIX INCHES in width and TWENTY 
INCHES in length and with a rise of not more 
than NINE INCHES. The openings for stair- 
ways in all balconies shall be not less than 
TWENTY-ONE by TWENTY-EIGHT INCHES, 
and shall have no covers of any kind. The bal- 
cony on the top floor, except in the case of a 
balcony on the street, shall be provided with a 
stairs or with a goose-neck ladder leading from 
said balcony to and above the roof and properly 
fastened thereto. A drop ladder or stairs shall 
be provided from the lowest balcony of sufficient 
length to reach to a safe landing place beneath. 

45 



A MODEL TENEMENT HOUSE LAW 

All fire-escapes shall be constructed and erected 
to safely sustain in all their parts a safe load, and 
if of iron shall receive not less than two coats of 
good paint, one in the shop and one after erection. 
In addition to the foregoing requirements, all fire- 
escapes hereafter erected upon tenement houses 
shall be constructed in accordance with such sup- 
plementary regulations as may be adopted by the 
building department. 

This requirement applies to both fireproof 
and non-fireproof tenements. Fire-escapes 
to be effective must be adjacent to each 
apartment. If tenants have to pass through 
a public hall to get to the fire-escape it is of 
little value, as the public hall is nearly always 
filled with smoke and flames in such cases. 
Access to fire-escapes must be free; if wash- 
tubs, sinks or other fixtures are put in the way 
of the window and the window thus narrowed 
down there may be loss of life. Fire-escapes 
should be either on the rear or front of the 
building. They are of very little use in 
courts, which, being small, generally become 
filled with smoke and flames. It is neces- 
sary to permit fire-escapes to project into the 
highway beyond the building line, otherwise 
the owner might refuse to put them up on the 
front of his building on the ground that he 
was encroaching on the highway. Without 
the special provision in this section his con- 
tention would be plausible. The fire-escapes 
should generally be iron balconies. In the 
46 



NEW BUILDINGS 

case of some high-class apartment houses 
owners will want to use stone in order to 
prevent the disfigurement of their buildings; 
they should be permitted to do this. No 
fire-escape balcony should be less than 
three feet in width. Fire-escapes to be 
effective must consist of stairs, not ladders. 
Women, old people, invalids and children 
cannot use vertical ladders. The stairs will 
cease to be stairs if they are permitted to be 
placed at too great an angle, so as to be per- 
pendicular. Sixty degrees is the maximum 
angle that should be permitted; 45 would be 
better. The steps must be flat, not round 
double rungs such as are put on a ladder, as 
heels will catch in them and they will not 
seem to have the security of stairs. Covers 
over the openings of fire-escape balconies should 
not be permitted. Some people will want to 
provide hinged covers because of the accidents 
from people falling through the openings, chil- 
dren playing on them, etc. When fire comes, 
the covers will be found to be rusted down or 
to be covered over and cannot be moved and 
people will burn to death. Fire-escapes are not 
play-grounds. The balconies should be kept 
free and for purposes of escape in case of fire. 
Sometimes tenants cannot go down the fire- 
escape balconies because the flames are below 
them; they must be given a chance to go up. 
That is why a goose-neck ladder to the roof 
is necessary. In such cases tenants can be 
rescued from the roof by firemen, or more 

47 



A MODEL TENEMENT HOUSE LAW 

frequently can flee to adjoining roofs. Such a 
ladder is as necessary on the front of the 
building as the rear. To require it, however, 
in some cases would mean disfigurement. 
Drop ladders are necessary from the lowest 
balconies; otherwise the tenants cannot get 
down. Such ladders should be light in weight, 
not too long, but always long enough to reach 
to the ground. All the essential requirements 
for fire-escape balconies, their location and con- 
struction, are contained in this section. The 
details of their construction, the sizes of iron, 
methods of bolting, &c, are safely left to 
supplementary regulations to be adopted by 
the building department. 

§ 42. Bulkheads. Every tenement house here- 
after erected shall have in the roof a fireproof 
bulkhead with a fireproof door to the same, and 
shall have stairs with a guide or hand rail leading 
to the roof. 

A bulkhead is a sort of small pent-house or 
structure on top of the roof; in this case, the 
enclosure for the stairs leading to the roof. 
It is necessary, because without it, the stairs 
cannot extend to the roof and afford means of 
exit that way. 

§43. Stairs and Public Halls. Every tene- 
ment house hereafter erected shall have at least 
one flight of stairs extending from the entrance 
floor to the roof, and the stairs and public halls 
therein shall each be at least THREE FEET SIX 

48 



NEW BUILDINGS 

INCHES wide in the clear. All stairs shall be 
constructed with a rise of not more than EIGHT 
INCHES and with treads not less than TEN 
INCHES wide and not less than THREE FEET 
SIX INCHES long in the clear. Winding stairs 
will not be permitted. 

It is necessary to establish these minima for 
the rise and width of stairs both for reasons 
of egress in case of fire and also to protect the 
health of the women living in such houses. 
Steps with a high rise and narrow tread will 
be found to be very injurious to women. 
Winding stairs should be prohibited; in case 
of fire people stumble over them and pile up 
in a crowd at the foot of the stairs, thus 
seriously endangering life. 

§44. Stair Halls. In tenement houses here- 
after erected the stair halls shall be constructed of 
fireproof material throughout. The risers, strings 
and banisters shall be of metal or stone. The 
treads shall be of metal, slate or stone, or of hard 
wood not less than two inches thick. Wooden 
hand-rails to stairs will be permitted if con- 
structed of hard wood. The floors of all such 
stair halls shall be constructed of iron or steel 
beams and fireproof filling, and no wooden floor- 
ing or sleepers shall be permitted. 

The stair halls in tenement houses are the 
danger points in case of fire. No matter 
where fires start, they almost immediately 
4 49 



A MODEL TENEMENT HOUSE LAW 

spread to the stair halls, which act as a gigan- 
tic flue. Moreover, this is the normal place 
of escape for the tenants. It is essential, 
therefore, that such portions of the building 
shall be fireproof throughout so that when 
the fire gets there, it may quickly burn itself 
out. 

§45. Stair Enclosures. In every tenement 
house hereafter erected all stair halls shall be en- 
closed on all sides with brick walls not less than 
eight inches thick. The doors opening from such 
stair halls shall be fireproof and self-closing, and 
if provided with glass such glass shall be good 
quality wire glass. There shall be no transom or 
movable sash opening from such stair hall to any 
other part of the house. Each stair hall shall be 
shut off from all non-fireproof portions of the 
public halls and from all other non-fireproof parts 
of the building, on each story, by self-closing 
fireproof doors, and if glass is used in such doors 
it shall be of good quality wire glass. 

In order to prevent fire from spreading 
from the stair halls to the apartments, or 
"mushrooming out" as it is called, the stairs 
must be enclosed in brick walls. Terra 
cotta blocks or plaster blocks or other forms 
of fireproof material should not be used. 
They may stand the fire but they will not 
stand the pressure from the hose. Brick 
walls are the only thing. Enclosing the 
stairs in fireproof walls will be of little use, 
5° 



NEW BUILDINGS 

unless the openings in those walls are pro- 
tected. These openings are the doors leading 
to the apartments. Such doors should be 
made fireproof. The standard fireproof door 
is wood with the sides and edges covered 
with metal. The doors must also be made 
self-closing, so that if left open in case of fire 
they will close themselves. If there is glass 
in them the glass must be wire glass but of a 
good quality ; poor wire glass is useless. Tran- 
soms over these doors must not be per- 
mitted, for they will permit the fire to spread 
to the apartments. 

The last sentence in this section is intended 
to provide for a case where there is a long 
public hallway on each floor and only the stair- 
hall portion has been made fireproof. In such 
case it must be shut off from the remain- 
ing non-fireproof portions by fireproof self- 
closing doors. 

§ 46. Entrance Halls. Every entrance hall 
in a tenement house hereafter erected shall be at 
least FOUR FEET SIX INCHES wide in the 
clear, from the entrance up to and including the 
stair enclosure, and beyond this point at least 
THREE FEET SIX INCHES wide in the clear, 
and shall comply with all the conditions of the 
preceding sections of this chapter as to the con- 
struction of stair halls. In every tenement house 
hereafter erected, access shall be had from the 
street to the yard, either in a direct line or through 
a court. 

5« 



A MODEL TENEMENT HOUSE LAW 

The entrance hall need not be as wide be- 
hind the stair enclosure as in front of it. The 
extra width in front is necessary because all 
the tenants from the stories above may in case 
of fire or panic suddenly come down the stairs 
and attempt to come out of the building at 
one time. Access from street to yard is impor- 
tant, as a means of egress in case of fire for the 
tenants and as a means of access to the rear 
of the buMing in case of fire for firemen. 
The best access is on the ground floor in a 
direct line from the street by extending the 
entrance hall to the yard. Sometimes this is 
not feasible. In such cases the next best 
access is by a tunnel or . passageway through 
the cellar in a straight line from the street to 
the yard. 

§47. Shafts. In tenement houses hereafter 
erected all shafts shall be constructed fireproof 
throughout, with fireproof self-closing doors at 
all openings, at each story; and, if they extend to 
the cellar, shall also be enclosed in the cellar with 
fireproof walls and fireproof self-closing doors at 
all openings. In no case shall any shaft be con- 
structed of materials in which any inflammable 
material or substance enters into any of the com- 
ponent parts. But nothing in this section con- 
tained shall be so construed as to require such en- 
closures about elevators or dumbwaiters in the 
wellhole of stairs where the stairs themselves are 
enclosed in brick or stone walls, and are entirely 

5 2 



NEW BUILDINGS 

constructed of fireproof materials as hereinbefore 
provided. 

§48. First Tier of Beams. In all tenement 
houses hereafter erected the first floor above the 
cellar, shall be constructed fireproof with iron or 
steel beams and fireproof flooring. 

One-fourth of all tenement fires start in 
cellars. These frequently contain much rub- 
bish and tenants and sometimes outsiders 
drop matches on the cellar floor. For these 
reasons the cellar is a danger point in case of 
fire. In order to safeguard the lives of the 
tenants the cellar should be completely shut 
off from the upper parts of the building. 
This should be done by a tier of fireproof 
beams and fireproof flooring. 

§49. Cellar Stairs. In tenement houses 
hereafter erected there shall be no inside stairs 
communicating between the cellar or other lowest 
story and the floor next above, but such stairs 
shall in every case be located outside the building. 

This requirement is enacted for the reasons 
given in section 48. Because of the danger 
from cellar fires there must be no communi- 
cation between the cellar and the other parts 
of the building. It is slightly inconvenient 
for tenants to have to go outside of the build- 
ing into the yard or court to go down into the 
cellar, but that inconvenience is not com- 
parable with the danger arising from the 
other form of construction. 

53 



A MODEL TENEMENT HOUSE LAW 

§ 50. Closet under First Story Stairs. In 
tenement houses hereafter erected no closet of 
any kind shall be constructed under any staircase 
leading from the first story to the upper stories, 
but such space shall be left entirely open and kept 
clear and free from incumbrance. 

Closets should not be permitted under the 
stairs leading to the upper stories. If they 
are, waste materials will accumulate, some- 
times oily rags will be thrown into them by 
servants, engineers or tenants, spontaneous 
combustion may take place and the whole 
stairs suddenly be on fire. 

§51. Cellar Entrance. In every tenement 
house hereafter erected there shall be an entrance 
to the cellar or other lowest story from the outside 
of the said building. 

The purpose of this section is to enable the 
firemen to quickly get at a cellar fire. 

§ 52. Wooden Tenement Houses. No wood- 
en tenement house shall hereafter be erected, 
and no wooden building not now used as a tene- 
ment house shall hereafter be altered or converted 
to such use. 

In New York and some of the larger cities, 
wooden tenement houses are permitted. 
They should not be tolerated. They are not 
only a danger in case of fire but when old be- 

54 



NEW BUILDINGS 

come a serious sanitary evil, filled with ver- 
min and disease germs. No new wooden tene- 
ments are necessary. Where land values are 
so low that houses of brick or concrete cannot 
be constructed, multiple dwellings are not 
necessary. 



55 



CHAPTER III 



ALTERATIONS 



In this Chapter will be Found all the 
Provisions which must be Observed when a 
Person Proposes to Alter an Existing Tene- 
ment House. 



Chapter III 

ALTERATIONS 

§ 60. Percentage of Lot Occupied. No 
tenement house shall hereafter be enlarged, or its 
lot be diminished, so that a greater percentage of 
the lot shall be occupied by buildings or structures 
than provided in section ten of this act. 

It is obvious that it is not fair to permit an 
old tenement to be altered so as to cover more 
of the lot than a new tenement, as the condi- 
tions are naturally better in the newer building. 
This section not only forbids the extension of 
an existing tenement beyond the limits speci- 
fied, but also prohibits the erection of other 
buildings or structures on the same lot so as 
to cover more land than is permitted. 

§61. Height. No tenement house shall be 
increased in height so that the said building shall 
exceed the WIDTH of the widest street on which 
it stands. 

This does not prohibit the increase in 
height of an existing tenement house, but does 
prohibit such increase beyond the limits al- 
lowed for new buildings. 
59 



A MODEL TENEMENT HOUSE LAW 

§62. Yards. No tenement house shall here- 
after be enlarged or its lot be diminished, so that 
the yard shall be less in depth than the minimum 
depths prescribed in section twelve of this act for 
tenement houses hereafter erected. The meas- 
urements in all cases shall be taken from the ex- 
treme rear wall of the building to the rear lot 
line, and across the full width of the lot, and such 
yard shall beiat every point open from the ground 
to the sky. 

§63. Courts in Existing Buildings. Any 
court used, or intended to be used, to light or 
ventilate rooms or water-closet compartments and 
which may be hereafter constructed in a tenement 
house erected prior to the passage of this act shall 
not be less in area than SIXTY-FOUR SQUARE 
FEET, nor less than EIGHT FEET in its least 
dimension in any part, and such court shall under 
no circumstances be roofed or covered over at the 
top with a roof or skylight; every such court shall 
be provided at the bottom with two horizontal 
air-intakes which shall consist of passageways each 
not less than three feet wide and seven feet high, 
which shall communicate directly with the street 
and yard, and shall always be left open, or be pro- 
vided with an open gate at each end. 

This section prescribes the limits in width 
and area of a new court which may be here- 
after constructed in an existing house to pro- 
vide light or ventilation either for rooms or 

60 



ALTERATIONS 

for water-closet compartments. The hori- 
zontal intakes or tunnels at the bottom are 
essential in order to have adequate ventila- 
tion. 

§64. Additional Rooms and Halls. Any 
additional room or hall that is hereafter construct- 
ed or created in a tenement house shall comply 
in all respects with the provisions of chapter two 
of this act, except that such rooms may be of the 
same height as the other rooms on the same story 
of the house. 

This is a very necessary provision, as other- 
wise, apartments in existing tenements could 
be subdivided, and dark rooms and rooms too 
small in size could be created. 

§65. Rooms and Halls, Lighting and Ven- 
tilation of. No tenement house shall be so 
altered that any room or public hall or stairs shall 
have its light or ventilation diminished in any 
way not approved by the health department. 

Without this provision an extension could 
be added to an existing tenement house in 
such a way as to greatly diminish the light 
and ventilation of an existing room, although 
the new rooms thus created might have 
adequate light and ventilation. Similarly, 
without this provision it would be possible, 
where an existing public hallway now ex- 
tends to the rear of the building from the 
street to the yard, affording ample light and 
61 



A MODEL TENEMENT HOUSE LAW 

ventilation, to shut this off and make a room 
at either end of the hall, thus making the 
public hallways dark and without ventilation. 

§ 66. Alcoves and Alcove Rooms. No part 
of any room in a tenement house shall hereafter 
be enclosed or subdivided, wholly or in part, by 
a curtain, portiere, fixed or movable partition or 
other contrivance or device, unless such part of 
the room so enclosed or subdivided shall contain a 
window as required by sections nineteen and 
twenty of this act, and have a floor area of not 
less than NINETY square feet. 

Without this provision existing rooms could 
be subdivided and dark and small rooms con- 
structed. 

§ 67. Skylights. All new skylights hereafter 
placed in a tenement house shall be provided with 
ridge ventilators having a minimum opening of 
FORTY SQUARE INCHES and also with either 
fixed or movable louvres or with movable sashes, 
and shall be of such size as may be determined to 
be practicable by the health department. 

This section does not relate to existing 
skylights but only to those hereafter placed 
in an existing house. Ridge ventilators pro- 
vide a small amount of constant ventilation 
and are desirable. In addition, there should 
be louvres (which are slats similar to those 
seen in some church belfries). These louvres 
may either be fixed or movable. If fixed, it 
62 



ALTERATIONS 

means that there will be fresh air all the time. 
If the halls are steam-heated this will be found 
objectionable to the owner and tenants in 
winter. Frequently such ventilators are found 
in winter wrapped round with carpets and 
cloths. Movable louvres or movable sashes, 
however, will permit closing in stormy or ex- 
treme weather, and permit opening in better 
weather. 

§ 68. Water-closet Accommodations. Every 
new water-closet hereafter placed in a tenement 
house, except one provided to replace a defective 
or antiquated fixture in the same location, shall 
comply with the provisions of section thirty-four 
of this act relative to water-closets in tenement 
houses hereafter erected. 

This section does not apply to cases where 
a new fixture is put in to replace a defective 
or old-fashioned one, provided it is put in the 
same place. It does, however, apply to all 
new water-closets that may hereafter be 
constructed in an existing house. The effect 
of it is to require that such water-closets 
shall be in compartments ventilated to the 
outer air, of proper size, with proper water- 
proof flooring and base, &c. 

§ 69. Fireproof Tenements. No tenement 
house shall hereafter be altered so as to exceed 
FOUR stories or parts of stories in height above 
the curb level, unless it is a fireproof tenement 

63 



A MODEL TENEMENT HOUSE LAW 

house. A cellar the ceiling of which does not 
extend more than two feet above the curb level 
is not a story within the meaning of this section. 

This section prohibits the extension in 
height of an existing non-fireproof tenement 
above the limits prescribed for new non- 
fireproof tenements. 

§70. Fire-escapes. All fire-escapes here- 
after constructed on any tenement house shall be 
located and constructed as prescribed in section 
forty-one of this act. 

This does not apply to fire-escapes that are 
already on an existing building, but to those 
that are hereafter constructed on such 
buildings. 

§71. Roof Stairs. No stairs leading to the 
roof in any tenement house shall be removed or 
replaced with a ladder. 

§ 72. Bulkheads. Every bulkhead hereafter 
constructed in a now-existing tenement house 
shall be constructed as provided in section forty- 
two of this act, except that where the stairs and 
stair halls in such tenement house are not now of 
fireproof material such bulkhead may be of wood 
covered with metal. Any tenement house here- 
after increased in height by placing thereon an 
additional story, shall be provided with a bulk- 
head in the roof. 

64 



ALTERATIONS 

If a new bulkhead is constructed on an 
existing house, it is obviously unnecessary 
to require it to be fireproof when the roof and 
stairs and public halls leading to it are not 
of fireproof construction. As all new tene- 
ments are required to have a bulkhead in the 
roof so as to facilitate roof egress in case of 
fire, it is right when an owner is adding an 
additional story to the building to require him 
to have the stairs extend to the roof. 

§ 73. Stairways. No public hall or stairs in a 
tenement house shall be reduced in width so as 
to be less than the minimum width prescribed in 
sections forty-three to forty-six inclusive of this 
act. 

§ 74. Shafts. All shafts hereafter constructed 
in tenement houses shall be constructed fireproof 
throughout, with fireproof self-closing doors at all 
openings, at each story; and, if they extend to 
the cellar, shall also be enclosed in the cellar with 
fireproof walls and fireproof self-closing doors at 
all openings. In no case shall any shaft be con- 
structed of materials in which any inflammable 
material or substance enters into any of the com- 
ponent parts. But nothing in this section con- 
tained shall be so construed as to require such en- 
closures about elevators or dumbwaiters in the 
wellhole of stairs where the stairs themselves are 
enclosed in brick or stone walls, and are entirely 
constructed of fireproof materials as hereinbefore 
provided. 

5 65 



A MODEL TENEMENT HOUSE LAW 

This section does not apply to shafts that 
are already in, but only to new ones that may 
hereafter be put in existing buildings. 

§ 75. Alteration of Wooden Tenement 
Houses. No existing wooden tenement house 
shall hereafter be increased in height; nor shall it 
be altered so as to be occupied by more than one 
family on any floor. 

As new wooden tenement houses are en- 
tirely forbidden, the extension of existing ones 
should not be permitted. 

§ 76. Wooden Buildings on Same Lot with a 
Tenement House. No wooden building of any 
kind whatsoever shall hereafter be placed or built 
upon the same lot with a tenement house within 
the fire limits. And, within the fire limits, no 
wooden tenement house, and no wooden structure 
or other building on the same lot with a tenement 
house, shall hereafter be enlarged, extended or 
raised; except that a wooden extension not ex- 
ceeding in total area SEVENTY SQUARE FEET 
may be added to an existing wooden tenement 
house, provided such extension is used solely for 
bath-rooms or water-closets. 

This section is intended to prevent the 
erection of wooden sheds and out-buildings 
and similar unsightly structures on the same 
lot with tenement houses in built-up portions 
of cities. Such structures are a menace in case 
66 



ALTERATIONS 

of fire, and are also objectionable for sanitary 
reasons. 

The exception made at the end of this sec- 
tion, permitting wooden extensions to wooden 
tenement houses to be used for bath-rooms or 
water-closets, is necessary in order to permit 
the carrying out of certain sanitary improve- 
ments. If privies or school sinks are re- 
moved, where the tenement house is of wood, 
it is unfair to compel the building of a brick 
extension for the new water-closets. 



6 7 



CHAPTER IV 



MAINTENANCE 



In this Chapter will be found all Provisions 
which an Owner must Observe with Regard 
to the Maintenance of a Tenement House. 



Chapter IV 

MAINTENANCE 

§ 80. Public Halls, Lighting of in the Day- 
time. In every tenement house where the public 
halls and stairs are not in the opinion of the health 
department sufficiently lighted, the owner of such 
house shall keep a proper light burning in the 
hallway, near the stairs, upon each floor, as may 
be necessary, from sunrise to sunset. 

This provision is for artificial light in the 
daytime. In some houses where the halls and 
stairs do not have windows to the outer air or 
are lighted and ventilated by courts too 
small in size, halls are often dark in the day- 
time. This section empowers the health de- 
partment to require an artificial light to be 
kept burning as may be necessary. 

§81. Public Halls, Lighting at Night. In 
every tenement house a proper light shall be kept 
burning by the owner in the public hallways, near 
the stairs, upon the entrance floor, and upon the 
second floor above the entrance floor of said house, 
every night from sunset to sunrise throughout the 
year, and upon all other floors of the said house 
from sunset until ten o'clock in the evening. 

71 



A MODEL TENEMENT HOUSE LAW 

This is a provision for lighting the public 
halls and stairs at night. A light is required 
to be kept burning on every floor from sunset 
till 10 o'clock, and on the first and third 
floors from sunset to sunrise. 

§ 82. Water-Closets in Cellars. No water- 
closet shall be maintained in the cellar of any 
tenement house without a special permit in writing 
from the health department, which shall have 
power to make rules and regulations governing 
the maintenance of such closets. 

No city should permit the maintenance in 
the cellar of the general water-closet accom- 
modations of a tenement house. From a 
sanitary point of view nothing could be worse. 
Sometimes it is necessary, however, to permit 
individual water-closets in cellars. There may 
be stores on the ground floor and no space 
for the closets there. There may be janitor's 
apartments in the cellars and there must be 
single water-closets there, but the board of 
health should have the power to see that all 
cellar water-closets are maintained under 
proper conditions. 

§83. Water-Closet Accommodations. In 
every tenement house existing prior to the passage 
of this act there shall be provided at least ONE 
water-closet for every TWO families. 

The ideal requirement would be to have 
in all tenement houses one water-closet for 

72 



MAINTENANCE 

every family. It would be extreme in some 
cases to impose this on owners of existing 
houses. One water-closet for every two fam- 
ilies, however, is only what decency requires. 
The family or the apartment is the only safe 
basis of measurement. One water-closet to 
so many occupants is impossible of enforce- 
ment, as the number of occupants of the 
house is a constantly shifting element. 
The number of apartments in the building 
(which is practically the number of families) 
is, on the other hand, a constant factor. 

§ 84. Basement and Cellar Rooms. Here- 
after in tenement houses erected prior to the pass- 
age of this act no room in the basement or cellar 
shall be occupied for living purposes without a 
written permit from the health department and 
such permit shall be kept readily accessible in the 
main living room of the apartment containing 
such room. And no such room shall hereafter be 
occupied unless all the following conditions are 
complied with. The said written permit shall 
be issued when all of the said conditions are 
complied with. If refused, the reason for such 
refusal shall be stated by said department in 
writing, and a copy thereof shall be kept in a 
proper book in the office of said department, and 
be accessible to the public. 

(1) Such room shall be at least SEVEN FEET 
high in every part from the floor to the ceiling. 

(2) The ceiling of such room shall be in every 

73 



A MODEL TENEMENT HOUSE LAW 

)art at least TWO FEET above the surface of 
the street or ground outside of or adjoining the 
same. 

(3) There shall be appurtenant to such room 
the use of a water-closet. 

(4) There shall be outside of and adjoining such 
room, and extending along the entire frontage of 
at least one of the rooms of the apartment, an 
open space of at least TWO FEET SIX INCHES 
wide in every part, unless such room extends for 
more than one-half of its height above the curb 
level. Such space shall be well and effectually 
drained. 

(5) At least one of the rooms of the apartment 
of which such room is an integral part, shall have 
a window opening directly to the street or yard, 
of at least TWELVE SQUARE FEET in size 
clear of the sash frame, and which shall open 
readily for purposes of ventilation. 

(6) The lowest floor shall be water-proof and 
damp-proof. 

(7) Such room shall have sufficient light and 
ventilation, shall be well drained and dry, and 
shall be fit for human habitation. 

In the case of rooms located in tenement houses 
erected prior to the passage of this act, which do 
not comply with all the provisions of subdivisions 
one, two and four of this section, the health de- 
partment may issue a special permit for occu- 
pancy, provided said department shall certify in 
writing that such rooms have sufficient light and 

74 



MAINTENANCE 

ventilation, are well drained and dry, and are fit 
for human habitation. The procedure in such 
cases shall be as follows: Upon receipt of a written 
request from the owner stating that there are 
rooms in the basement or cellar which are or have 
been previously occupied for living purposes but 
which do not conform to the requirements of sub- 
divisions one, two and four of this section, and 
requesting a special permit for the occupancy of 
such rooms, the said department shall cause an 
inspection to be made, and a written report filed 
which shall state the respects in which said rooms 
do not conform to the requirements of said sub- 
divisions and whether said rooms have sufficient 
light and ventilation, are well drained and dry, 
and are fit for human habitation. No such special 
permit, however, shall be issued unless such facts 
are certified to in writing separately by at least 
two inspectors of said department. Such special 
permits shall be issued only by the head of the 
department or his deputies, who may require such 
improvements or alterations in said rooms, as 
may be practicable, as a condition precedent to 
the granting of said special permit. All reports 
and papers connected therewith shall be deemed 
public records. 

No existing cellar or basement should be 

used for living purposes without a permit 

from the health department. In addition, 

the health department should be free not to 

75 



A MODEL TENEMENT HOUSE LAW 

grant such a permit unless the rooms are fit 
for habitation. The essential conditions are 
that the rooms shall be sufficiently high, shall 
be reasonably above ground, have proper 
light and ventilation , and freedom from 
dampness. Certain definite standards are 
therefore established in this section. It hap- 
pens, however, in some cities, that there are 
rooms of this kind which have been occupied 
for years^Which are proper for occupation and 
which do not conform in some slight degree 
to these standards. For instance, instead of 
having the ceiling two feet above ground the 
ceiling may be i ft. 10 in. above ground. 
In other cases the rooms instead of being 7 ft. 
high may be 6 ft. 10 in. high. A provision 
is therefore added at the end of this section 
prescribing the means by which the health 
department may permit such rooms to be 
occupied. The seemingly elaborate procedure 
written into the law is for the purpose of 
preventing the improper issuance of such 
permits. 

§85. Cellar Walls and Ceilings. The cel- 
lar walls and ceilings of every tenement house 
shall be thoroughly whitewashed or painted a 
light color by the owner and shall be so main- 
tained. Such whitewash or paint shall be re- 
newed whenever necessary, as may be required 
by the health department. 

§ 86. Water-Closets and Sinks. In all tene- 
ment houses the floor or other surface beneath 

76 



MAINTENANCE 

and around water-closets and sinks shall be main- 
tained in good order and repair and if of wood 
shall be kept well painted with light colored paint. 

The purpose of this requirement, especially 
the painting of the woodwork underneath 
water-closets and sinks, is to ensure the keep- 
ing of these places in a sanitary condition. 
They are generally in the dark where dirt and 
accumulations of filth do not show. 

§87. Repairs. Every tenement house and all 
the parts thereof shall be kept in good repair, and 
the roof shall be kept so as not to leak, and all 
rain water shall be so drained and conveyed there- 
from as to prevent its dripping on to the ground 
or causing dampness in the walls, ceilings, yards 
or areas. 

§ 88. Water Supply. Every tenement house 
shall have water furnished in sufficient quantity 
at one or more places on each floor occupied by or 
intended to be occupied by one or more families. 
The owner shall provide proper and suitable 
tanks, pumps or other appliances to receive and to 
distribute an adequate and sufficient supply of 
such water at each floor in the said house, at all 
times of the year, during all hours of the day and 
night. But a failure in the general supply of 
water by the city authorities shall not be construed 
to be a failure on the part of such owner, provided 
that proper and suitable appliances to receive 

77 



A MODEL TENEMENT HOUSE LAW 

and distribute such water have been provided in 
said house. 

Each family should have running water in 
some place on each floor of the building in 
which they live, that is, where there is city 
water in that part of the city. This does not 
mean that the owner must put a sink in each 
apartment though this is very desirable. If 
a sink is placed in the public hallway on each 
floor it satisfies the law. 

§ 89. Cleanliness of Buildings. Every tene- 
ment house and every part thereof shall be kept 
clean and free from any accumulation of dirt, 
filth and garbage or other matter in or on the 
same, or in the yards, courts, passages, areas or 
alleys connected with or belonging to the same. 
The owner of every tenement house or part thereof 
shall thoroughly cleanse all the rooms, passages, 
stairs, floors, windows, doors, walls, ceilings, 
privies, water-closets, cesspools, drains, halls, 
cellars, roofs and all other parts of the said tene- 
ment house, or part of the house of which he is the 
owner, to the satisfaction of the department of 
health, and shall keep the said parts of the said 
tenement house in a cleanly condition at all times. 

The requirement that the owner shall thor- 
oughly cleanse all parts of the house does not 
mean that he personally shall do it, as some 
owners think. It simply imposes on him the 
responsibility for having it done. 

78 



MAINTENANCE 

§ 90. Walls of Courts. The walls of all 
courts, unless built of a light color brick or stone, 
shall be thoroughly whitewashed by the owner 
or shall be painted a light color by him, and shall 
be so maintained. Such whitewash or paint shall 
be renewed whenever necessary, as may be re- 
quired by the health department. 

§91. Walls and Ceilings of Rooms. In all 
tenement houses, the health department may re- 
quire the walls and ceilings of every room that 
does not open directly on the street to be kal- 
somined white or painted with white paint when 
necessary to improve the lighting of such room 
and may require this to be renewed as often as 
may be necessary. 

This is an important provision and is for 
the purpose of improving the lighting of 
rooms that are too dark. A coat of white 
paint on the walls and ceiling will do wonders 
in lightening up a dark room. 

§ 92. Wall Paper. No wall paper shall be 
placed upon a wall or ceiling of any tenement 
house unless all wall paper shall be first removed 
therefrom and said wall and ceiling thoroughly 
cleaned. 

This section does not prohibit the use of 
wall paper. From a sanitary point of view 
it would be desirable to make such prohibi- 
tion but this is not possible as tenants in high 
class apartments and flats, as well as in 
79 



A MODEL TENEMENT HOUSE LAW 

tenements, desire to decorate their homes in 
this way. The section does, however, pro- 
hibit the putting of any new wall paper over 
existing wall paper. This is necessary in view 
of the danger of transmission of contagious 
disease in this way. 

§93. Receptacles for Ashes, Garbage and 
Rubbish. The owner of every tenement house 
shall providejfor said building proper and suitable 
conveniences or receptacles for ashes, rubbish, 
garbage, refuse and other matter. 

§94. Prohibited Uses. No horse, cow, calf, 
swine, sheep, goat or chickens shall be kept in a 
tenement house, or on the same lot or premises 
thereof, and no tenement house, or the lot or 
premises thereof shall be used for a lodging house, 
or for the storage or handling of rags, nor as a 
place of public assemblage. 

It will not do to prohibit the keeping of 
all animals in a tenement house. Tenants 
naturally desire to keep cats, dogs and birds. 
It is highly undesirable to permit any part 
of a tenement house which is occupied by 
families and little children to be used as a 
common lodging house for homeless men. 
The storage and handling of rags cause sani- 
tary evils and add to the discomfort of living 
and may endanger the lives of the tenants. 
No part of a tenement house should be used 
as a place of public assemblage. 1 1 adds to the 
fire dangers and destroys the peace and quiet 
80 



MAINTENANCE 

of the homes located in other parts of the 
building. This would keep moving-picture 
exhibitions out of such buildings. 

§95. Combustible Materials. No tenement 
house, nor any part thereof, nor of the lot upon 
which it is situated, shall be used as a place of 
storage, keeping or handling of any combustible 
article except under such conditions as may be 
prescribed by the fire department, under authority 
of a written permit issued by said department. 
No tenement house nor any part thereof, nor of 
the lot upon which it is situated, shall be used as a 
place of storage, keeping or handling of any article 
dangerous or detrimental to life or health, nor for 
the storage, keeping or handling of feed, hay, 
straw, excelsior, cotton, paper stock, feathers or 
rags. 

It will not do to prohibit outright the 
keeping of any combustible article in a tene- 
ment house, as this would prevent the sale of 
kerosene oil in a grocery store in an apart- 
ment house, or of benzine or alcohol in a drug 
store similarly located. The fire depart- 
ment, however, should have full authority to 
regulate the conditions under which such 
articles may be kept on the premises. 

§ 96. Bakeries and Fat Boiling. No bakery 
and no place of business in which fat is boiled, 
shall be maintained in any tenement house which 
is not fireproof throughout. 
6 81 



A MODEL TENEMENT HOUSE LAW 

Bakeries should not be tolerated in tene- 
ment houses. In summer the heat from the 
ovens is a source of great discomfort to the 
tenants and danger from fire is always immi- 
nent. Bakery fires are very dangerous as they 
occur at night when the tenants are asleep. 

§97. Other Dangerous Businesses. There 
shall be no transom, window or door opening into 
a hall from afiy portion of a tenement house where 
paint, oil, spirituous liquors or drugs are stored 
for the purpose of sale or otherwise. 

As the public halls and stairs of a tenement 
house are the danger points in case of fire, it 
is desirable to have no connection between 
them and stores in which paint, oil, drugs or 
liquors are stored. 

This section means the closing of the side 
door of the saloon where such side door leads 
into the tenement hall. From a social point 
of view this is an advantage. It also means 
that existing transoms or door-openings must 
be filled in solid with the same material as the 
partition. Locking the door or nailing the 
transom will not satisfy the requirements. 

§98. Janitor or Housekeeper. In any 
tenement house in which the owner thereof does 
not reside, there shall be a janitor, housekeeper 
or other responsible person who shall reside in said 
house and have charge of the same, if the health 
department shall so require. 

82 



1 



MAINTENANCE 

It is desirable that there should be a janitor 
in every tenement house unless the owner 
lives on the premises. In the smaller build- 
ings occupied by three or four families this is 
not always feasible, as it involves too great cost 
to the owner. It is always desirable. With- 
out the janitor or resident owner, tenements 
are apt to be kept in an unsanitary condition. 

§99. Overcrowding. If a room in a tenement 
house is overcrowded, the health department may 
order the number of persons sleeping or living in 
said room to be so reduced that there shall not be 
less than SIX HUNDRED CUBIC FEET of air 
to each adult, and FOUR HUNDRED CUBIC 
FEET of air to each child under twelve years of 
age occupying such room. 

This is a very different provision from the 
one found in the laws of many American 
cities to the effect that no room, no matter 
what the conditions, shall have less than 400 
cubic feet of air space for each adult. The 
right to reduce the number of occupants of a 
room is here limited only to cases where there 
actually is overcrowding. 

As has been pointed out in "Housing Re- 
form", the number of cubic feet of air space 
is not the sole standard. This is a matter 
which should be left to the discretion of the 
health department, and if they find a room 
overcrowded they should be free to reduce the 
number of occupants to reasonable limits. 

83 



A MODEL TENEMENT HOUSE LAW 

In addition, the minimum standard of the 
amount of air space is here raised from 400 
cubic feet, the common standard for each 
adult to 600 cubic feet, and from 200 cubic 
feet for each child to 400 cubic feet. 

§ 100. Infected and Uninhabitable Houses 
to be Vacated. Whenever it shall be certified 
by an inspector or officer of the health department 
that a tenement house, or any part thereof, is 
infected with contagious disease, or that it is unfit 
for human habitation, or dangerous to life or 
health by reason of want of repair, or of defects in 
the drainage, plumbing, ventilation, or the con- 
struction of the same, or by reason of the existence 
on the premises of a nuisance likely to cause sick- 
ness among the occupants of said house, the de- 
partment may issue an order requiring all persons 
therein to vacate such house, or part thereof, with- 
in not less than twenty-four hours nor more than 
ten days, for the reasons to be mentioned in said 
order. In case such order is not complied with 
within the time specified, the department may 
cause said tenement house or part thereof to be 
vacated. The department whenever it is satis- 
fied that the danger from said house or part thereof 
has ceased to exist, or that it is fit for human 
habitation, may revoke said order, or may extend 
the time within which to comply with the same. 

This section is one of the most important 
sections in the whole law. It gives the 
84 



MAINTENANCE 

health department, under proper conditions, 
the right to vacate any house that is unfit for 
human habitation and to keep it vacant till 
it is m^de fit; and permits this without ap- 
plication to the courts. The health depart- 
ment can send its own officers to the house 
if its orders are not complied with, and turn 
the tenants into the street and keep them out. 
This is done every week in New York City and 
is the only effective method of dealing with 
extreme cases. It is an extreme power 
which should only be used where conditions 
entirely warrant it. 

§ 101. Repairs to Buildings, &c. Whenever 
any tenement house or any building, structure, 
excavation, business pursuit, matter or thing, in 
or about a tenement house, or the lot on which it 
is situated, or the plumbing, sewerage, drainage, 
light or ventilation thereof, is in the opinion of the 
health department in a condition or in effect 
dangerous or detrimental to life or health, the 
department may declare that the same, to the 
extent it may specify, is a public nuisance, and 
may order the same to be removed, abated, sus- 
pended, altered or otherwise improved or purified, 
as the order shall specify. The department may 
also order or cause any tenement house or part 
thereof or any excavation, building, structure, 
sewer, plumbing pipe, passage, premises, ground, 
matter or thing, in or about a tenement house, or 
the lot on which it is situated, to be purified, 

85 



A MODEL TENEMENT HOUSE LAW 

cleansed, disinfected, removed, altered, repaired or 
improved. If any order of the department is not 
complied with, or so far complied with as the de- 
partment may regard as reasonable, within five 
days after the service thereof, or within such 
shorter time as the department may designate, 
then such order may be executed by said depart- 
ment through its officers, agents, employees or 
contractors. ^ 

There are cases where there are conditions 
in a tenement which do not make the house un- 
fit for habitation, which do not in themselves 
constitute a nuisance and where it has not 
been possible to foresee the exact conditions 
in the law. In such cases the health depart- 
ment should have the power to require the 
conditions to be remedied. 

§ 102. Fire-Escapes. The owner of every 
tenement house shall keep all the fire-escapes 
thereon in good order and repair, and whenever 
rusty shall have them properly painted with two 
coats of paint. No person shall at any time place 
any incumbrance of any kind before or upon any 
such fire-escape. 

§ 103. Scuttles, Bulkheads, Ladders and 
Stairs. All scuttles and bulkheads and all stairs 
or ladders leading thereto shall be easily accessible 
to all tenants of the building, and kept free from 
incumbrance, and ready for use at all times. No 
scuttle and no bulkhead door shall at any time 

86 



MAINTENANCE 

be locked with a key, but either may be fastened 
on the inside by movable bolts or hooks. 

Lives are frequently lost in tenement fires 
because when the tenants attempt to escape 
to the roof through the scuttle or bulkhead 
they find the scuttle nailed down or the bulk- 
head door locked and the key in the janitor's 
pocket. They then become trapped in the 
top floor hallway and lose their lives. 

It is essential, therefore, that scuttles 
should be so arranged that they can be easily 
raised by the tenants in case of fire, and that 
bulkhead doors should be kept unlocked. 
There must, however, be some means of 
fastening them, otherwise thieves can get in 
from the outside and rob the tenants. A 
movable bolt or a hook will be found to be an 
adequate means of fastening the scuttle or 
door to keep intruders out, and will permit 
the immediate opening of the door from the 
inside in the event of fire. 



8 7 



CHAPTER V 



IMPROVEMENTS 



In This Chapter will be Found those Im- 
provements in the Older Buildings which 
should be Required as a Matter of Compul- 
sory Legislation. 



Chapter V 

IMPROVEMENTS 

§ no. Rooms, Lighting and Ventilation of. 
No room in a tenement house erected prior to the 
passage of this act shall hereafter be occupied for 
living purposes unless it shall have a window open- 
ing directly upon the street, or upon a yard not 
less than TEN feet deep, or above the roof of an 
adjoining building, or upon a court of not less 
than TWENTY square feet in area, open to the 
sky without roof or skylight, unless such room is 
located on the top floor and is adequately lighted 
and ventilated by a skylight opening directly to 
the outer air. Every room which does not comply 
with the above provisions shall be provided with a 
sash window, opening into an adjoining room in 
the same apartment which latter room either 
opens directly on the street or on a yard of the 
above dimensions, or itself connects by a similar 
sash window or series of windows with such an 
outer room. Said sash window shall be a ver- 
tically-sliding pulley-hung sash not less than three 
feet by five feet between stop beads, both halves 
shall be made so as to readily open, and the lower 
half shall be glazed with translucent glass, and so 

91 



A MODEL TENEMENT HOUSE LAW 

far as possible it shall be in line with windows in 
outer rooms opening on the street or yard so as 
to afford a maximum of light and ventilation. 
In the case of rooms located in apartments that 
extend through from the street to the yard, thus 
ensuring through ventilation, where such rooms 
are already provided either with windows, window 
openings, glass sliding doors, or large alcove open- 
ings to adjoining rooms but do not comply with 
all the provisions of this section, the health de- 
partment when satisfied that no material improve- 
ment in the light and ventilation of such rooms 
can be had that would warrant the providing of 
new windows of the size and kind specified, may 
permit the occupancy of such rooms for living 
purposes in the following cases, provided such 
improvements or alterations as may be prac- 
ticable and as are required by said department 
are made by the owner: 

(i) Where there is an existing window or 
window-opening from such interior room to an 
adjoining room and such window or opening is not 
less than TEN SQUARE FEET in area. 

(2) Where there is an existing glass sliding door 
or an alcove opening of sufficient size from such 
interior room to an adjoining room. 

(3) Where rooms located on the top floor open 
upon a court of less size than TWENTY square 
feet or closed at the top, but such rooms have 
sufficient light and ventilation. 

(4) Where owing to the size of partitions, ar- 

92 



IMPROVEMENTS 

rangement of rooms, location of fixed closets or 
stairs, or the interposition of air-shafts, it is im- 
practicable to provide a window of the required 
size, and a window as large as practicable is pro- 
vided. 

This provision is an attempt to deal in a 
practical way with dark unventilated rooms 
in existing houses. In effect it means that 
every room in an existing house shall either 
have a window to the outer air, (namely, the 
street, yard, or a court of a certain size), 
or shall have a large window communicating 
with an adjoining room in the same apart- 
ment; thus securing some improvement in the 
existing conditions of light and ventilation. 
It is important to prescribe the minimum 
size of such windows that may be hereafter 
cut into the partitions. The purpose of re- 
quiring them to be double-hung sash instead 
of hinged, is to ensure adequacy of ventila- 
tion. Hinged windows easily get broken and 
the result is that they are in a short time 
nailed fast, thus almost hermetically sealing 
the rooms. The purpose of requiring the 
lower sash to be of translucent glass is to en- 
sure privacy for the people using the rooms. 

There are many existing rooms which do 
not comply in every detail with the stand- 
ards established in the first part of this sec- 
tion and where to cut in new windows would 
be unnecessary and in some cases disadvan- 
tageous. The latter part of the section is 
93 



A MODEL TENEMENT HOUSE LAW 

enacted for the purpose of permitting the 
occupancy of such rooms, where the existing 
conditions are adequate, as set forth in sub- 
divisions i, 2, 3 and 4 of this section. 

§ in. Public Halls, Lighting of. In every 
tenement house whenever a public hall on any 
floor is not light enough in the day time to permit 
a person to read in every part thereof without the 
aid of artificial light, the wooden panels in the doors 
located at the ends of the public halls and opening 
into rooms shall be removed, and ground glass or 
other translucent glass or wire glass panels of an 
aggregate area of not less than four square feet 
for each door shall be substituted; or said public 
hall may be lighted by a window at the end 
thereof with the plane of the window at right 
angles to the axis of the said hall, said window 
opening upon the street or upon a yard or court. 

This provision is intended to make dark 
halls a little lighter. It will not make them 
light but it will improve conditions consid- 
erably at very slight expense. It should be 
noted that the taking out of the wooden 
panels in the doors is limited to those doors 
which are at the ends of public halls and open 
directly into rooms. There are frequently 
doors at the sides of the public halls; re- 
moving the wooden panels from these doors 
would as a rule be of no benefit. It should 
also be noted that this requirement does not 
apply to doors from public halls leading into 
94 



IMPROVEMENTS 

private halls, such as will be found in the 
better class flats and apartments, but only to 
doors leading directly into rooms. Where it 
is possible in an existing hall to provide a win- 
dow to the outer air it is far better than to 
take out the wooden panels in the doors. 

§ 112. Public Halls, Lighting and Ventila- 
tion of. In all tenement houses erected prior 
to the passage of this act, the public halls and 
stairs shall be provided with as much light and 
ventilation to the outer air as may be deemed 
practicable by the health department, which may 
order such improvements and alterations in said 
houses as in its judgment may be necessary to 
accomplish this result. All new skylights here- 
after placed in such houses shall be provided with 
ridge ventilators having a minimum opening of 
FORTY SQUARE INCHES and also with either 
fixed or movable louvres or with movable sashes, 
and shall be of such size as may be determined to 
be practicable by said department. 

This section is enacted for the purpose of 
giving the health authorities the power to 
improve in every way practicable the light- 
ing and ventilation of existing hallways. In 
some cases it may be by the cutting in of a 
window to the street or yard; in others, to the 
yard of an adjoining building; while in many 
the only improvement that can be had will be 
by means of a ventilating skylight in the 
roof. Where such skylights are provided the 
95 



A MODEL TENEMENT HOUSE LAW 

minimum requirements as to ventilation are 
set down. The size of the skylight will vary 
with the conditions in each building. There 
is no advantage in requiring a large skylight 
where there is a small stairwell or no well. 
Under such circumstances this would only 
light the hall on the top floor. 

§ 113. Sinks. In all tenement houses erected 
prior to the^passage of this act, the woodwork en- 
closing sinks located in the public halls or stairs 
shall be removed, and the space underneath said 
sinks shall be left open. The floors and wall sur- 
faces beneath and around the sink shall be put in 
good order and repair, and if of wood shall^be 
well painted with light-colored paint. 

This is a requirement compelling the re- 
moval of all enclosing woodwork from sinks 
in public halls; it does not apply to sinks in 
individual apartments. Sinks in public halls 
used in common by several families if en- 
closed in woodwork are apt to become a sani- 
tary evil. The woodwork becomes saturated 
with water and slops and is a harboring place 
for vermin and disease germs. Moreover, if 
the plumbing is defective and is enclosed, the 
defects are not noted. In order to show up 
accumulations of filth underneath them it is 
wise to require the floor to be painted white. 

§114. Water-Closets. In all tenement 
houses erected prior to the passage of this act, the 
woodwork enclosing all water-closets shall be re- 

96 



IMPROVEMENTS 

moved from the front of said closets, and the 
space underneath the seat shall be left open. The 
floor or other surface beneath and around the 
closet shall be put in good order and repair and if 
of wood shall be well painted with light-colored 
paint. 

This section is necessary for the same 
reasons as noted in section 113. 

§115. Privy Vaults, School-Sinks and 
Water-Closets. In all tenement houses erected 
prior to the passage of this act, where a connection 
with a sewer is possible, all school-sinks, privy 
vaults or other similar receptacles used to receive 
fecal matter, urine or sewage, shall before Jan- 
uary first, nineteen hundred and be 
completely removed and the place where they 
were located properly disinfected under the direc- 
tion of the health department. Such appliances 
shall be replaced by individual water-closets of 
durable non-absorbent material, properly sewer- 
connected, and with individual traps, and prop- 
erly-connected flush tanks providing an ample 
flush of water to thoroughly cleanse the bowl. 
Each water-closet shall be located in a compart- 
ment completely separated from every other 
water-closet, and such compartment shall contain 
a window of not less than THREE SQUARE 
FEET in area opening directly to the street, or 
yard or on a court of the minimum size prescribed 
7 97 



A MODEL TENEMENT HOUSE LAW 

in section thirteen of this act. The floors of the 
water-closet compartments shall be waterproof as 
provided in section thirty-four of this act. Where 
water-closets are placed in the yard to replace 
school-sinks or privy vaults long hopper closets 
may be used; but all traps, flush tanks and pipes 
shall be protected against the action of frost. In 
such cases, the structure containing the water- 
closets shall not exceed TEN FEET in height; 
such structure shall be provided with a ventilating 
skylight in the roof, of an adequate size, and each 
water-closet shall be located in a compartment 
completely separated from every other water- 
closet. Proper and adequate means for lighting 
the structure at night shall be provided. There 
shall be provided at least one water-closet for 
every two families in every tenement house exist- 
ing on the day this act takes effect. Except as in 
this section otherwise provided such water-closets 
and all plumbing in connection therewith shall 
be in accordance with the ordinances and regula- 
tions in relation to plumbing and drainage. 

This is the most important provision that 
can be enacted with regard to the improve- 
ment of the older buildings. It is one which 
will create the most opposition as it involves 
owners in considerable expense, yet all cities 
should unhesitatingly enact it. It requires ex- 
isting privy vaults, school-sinks and similar 
contrivances to be done away with within a 
98 



IMPROVEMENTS 

certain time and new modern sanitary water- 
closets installed in their place. 

A similar provision was put into effect 
in New York City in 1901. Its constitu- 
tionality was contested and the case went 
through all the courts of the state and ulti- 
mately to the Supreme Court of the United 
States. The law was uniformly sustained in 
each of these courts. While it is desirable 
that the new water-closets should be placed 
inside the tenement house it is not reasonable 
to require this as a matter of statute. The 
owner should be given the choice of placing the 
new closets either inside the building or in the 
yard, though he should be encouraged in every 
way to put them inside the building. Water- 
closets in the yard are a makeshift and almost 
as serious a sanitary evil as the privies which 
they replace. If new closets are placed in the 
yard they must be protected against frost. 
In some cities this is almost impossible with- 
out maintaining artificial heat to protect the 
flush tanks. Traps can be protected against 
frost by using a type of fixture known as the 
long hopper closet, which is an objectionable 
type as it has a large fouling surface and can- 
not easily be cleaned. Every effort should be 
made to get the new closets inside the build- 
ing. This can be done by giving up one 
room on the ground floor or top floor to a 
group of closets, having each closet sepa- 
rately ventilated to the outer air and in a 
separate compartment, or it can be done by 

99 



A MODEL TENEMENT HOUSE LAW 

putting one or two closets on each floor in 
the public hallways or between two apart- 
ments, depending upon the number of families 
on a floor. This is the better way. There 
is always space inside the building though 
owners will say there isn't. It means alter- 
ation, however, and readjustment and some- 
times the giving up of rentable floor space. 

§ 1 1 6. Basements and Cellars. The floor of 
the cellar or lowest floor of every tenement house 
shall be free from dampness and, when necessary, 
shall be concreted with four inches of concrete of 
good quality and with a finished surface. The 
cellar ceiling of every tenement house shall be 
plastered, when so required by the health depart- 
ment, except where such ceiling is already well 
sheathed with matched boards or well covered 
with a metal ceiling or where the first floor above 
the cellar is constructed of iron beams and fire- 
proof filling. 

Damp cellars cause disease. Where soil 
conditions are good and the cellar floor, for 
instance, is of rock, it is not necessary to 
concrete it, but whenever necessary to prevent 
dampness the floor should be concreted. The 
purpose of requiring the cellar to be plastered 
is to prevent cellar air from permeating the 
rest of the building. 

§ 1 17. Shafts and Courts. In every tenement 
house there shall be, at the bottom of every shaft 

100 



IMPROVEMENTS 

and court, a door giving sufficient access to such 
shaft or court to enable it to be properly cleaned 
out. Provided, that where there is already a 
window giving proper access to such shaft or 
court, such window shall be deemed sufficient. 

Tenants frequently throw waste material 
out of the windows and this accumulates at 
the bottom of shafts and courts. Unless it 
is easy to get at this and clean it out, it will 
be neglected. 

§118. Fire-Escapes. Every tenement house 
shall be provided either with fireproof outside 
stairways or fire-escapes directly accessible to each 
apartment without passing through a public hall- 
way. No existing fire-escape shall be deemed 
sufficient unless the following conditions are 
complied with: 

(i) All parts of it shall be of iron or stone. 

(2) Every apartment above the ground floor 
in each tenement house shall have a fire-escape 
balcony directly accessible to it without passing 
through a public hall. 

(3) All balconies shall be properly connected 
with each other by adequate stairs or stationary 
ladders, with openings not less than TWENTY- 
ONE BY TWENTY-EIGHT INCHES. 

(4) All fire-escapes shall have proper drop lad- 
ders from the lowest balcony of sufficient length 
to reach a safe landing place beneath. 

IOI 



A MODEL TENEMENT HOUSE LAW 

(5) All fire-escapes not on the street shall have 
a safe and adequate means of egress from the yard 
or court to the street or to the adjoining premises. 

(6) Prompt and ready access shall be had to all 
fire-escapes, which shall not be obstructed by 
bath-tubs, water-closets, sinks or other fixtures, or 
in any other way. 

All fire-escapes that are already erected which 
do not conform to the requirements of this section 
may be altered by the owner to make them so 
conform in lieu of providing new fire-escapes, but 
no existing fire-escape shall be extended or have 
its location changed except with the written ap- 
proval of the building department. 

There will be found in every city many 
buildings not originally erected as tenement 
houses and which are not provided with fire- 
escapes. Every building, no matter when it 
was erected, if it has three families or more 
should have fire-escapes of the right kind. 
In addition, there will be found existing 
buildings with wooden fire-escapes on them 
which are entirely inadequate. These should 
be so changed as to be adequate. The mini- 
mum requirements of what constitutes an 
adequate fire-escape are set down in this sec- 
tion. It will be noted that stationary ladders 
are here permitted connecting the balconies, 
whereas in new fire-escapes they are for- 
bidden and stairs are required. It would not 
be reasonable to require existing fire-escapes 
102 



IMPROVEMENTS 

now equipped with ladders to be altered and 
stairs substituted, as this would practically 
mean the complete demolition of the fire- 
escapes and the erection of new ones. 

§119. Wooden Fire-Escapes. All wooden 
floor slats, floors, stairs, ladders, balconies or other 
wooden portions of now-existing fire-escapes shall 
be removed and replaced with iron. 

§ 120. Means of Egress. Whenever a tene- 
ment house is not provided with sufficient fire- 
escapes or with sufficient means of egress in case 
of fire, the building department may order such 
additional fire-escapes and other means of egress 
as may be necessary. 

This is a requirement to permit the depart- 
ment, where for some reason the existing means 
of egress are not sufficient, to impose upon 
the owner additional requirements calling for 
supplementary means of egress. This is not 
in any way to be construed as permitting 
alternative means of egress in lieu of fire- 
escapes. 

§ 121. Scuttles, Bulkheads, Ladders and 
Stairs. Every tenement house erected prior to 
the passage of this act, shall have in the roof a 
bulkhead or a scuttle which shall be not less than 
TWENTY-ONE INCHES BY TWENTY-EIGHT 
INCHES. All scuttles shall be covered on the 
outside with metal and shall be provided with 
stairs or stationary ladders leading thereto and 

103 



A MODEL TENEMENT HOUSE LAW 

easily accessible to all tenants of the building. 
No scuttle shall be located in a room, but all 
scuttles shall be located in the ceiling of the public 
hall on the top floor, and access through the 
scuttle to the roof shall be direct and uninter- 
rupted. If located in a closet, said closet shall 
open from the public hall and the door to it shall 
be permanently removed, or shall be fastened 
only by movable bolts or hooks without key-locks. 
When deemed necessary by the building depart- 
ment scuttles shall be hinged so as to readily open. 
Every bulkhead in a tenement house shall have 
stairs with a guide or hand-rail leading to the roof, 
and such stairs shall be kept free from incum- 
brance at all times. No scuttle and no bulkhead 
door shall at any time be locked with a key, but 
either may be fastened on the inside by movable 
bolts or hooks. All key-locks on scuttles and on 
bulkhead doors shall be removed. 



104 



CHAPTER VI 



REQUIREMENTS AND REMEDIES 



In this Chapter will be Found the Legal 
Requirements, Penalties for Violations of 
the Law, etc. 



Chapter VI 

REQUIREMENTS AND REMEDIES 

§ 130. Permit to Commence Building. Be- 
fore the construction or alteration of a tenement 
house, or the alteration or conversion of a building 
for use as a tenement house, is commenced, and 
before the construction or alteration of any build- 
ing or structure on the same lot with a tenement 
house, the owner, or his agent or architect, shall 
submit to the health department and to the build- 
ing department separately a detailed statement 
in writing, verified by the affidavit of the person 
making the same, of the specifications for such 
tenement house or building, upon blanks or forms 
to be furnished by such departments, and also 
full and complete copies of the plans of such work. 
Such statement shall give in full the name and 
residence, by street and number, of the owner or 
owners of such tenement house or building. If 
such construction, alteration or conversion is 
proposed to be made by any other person than 
the owner of the land in fee, such statement shall 
contain the full name and residence, by street and 
number, not only of the owner of the land, but of 
every person interested in such tenement house, 

107 



A MODEL TENEMENT HOUSE LAW 

either as owner, lessee or in any representative 
capacity. Said affidavit shall allege that said 
specifications and plans are true and contain a 
correct description of such tenement house, build- 
ing, structure, lot and proposed work. The 
statements and affidavits herein provided for may 
be made by the owner, or the person who proposes 
to make the construction, alteration or conversion, 
or by his agerft or architect. No person, however, 
shall be recognized as the agent of the owner, 
unless he shall file with the said departments a 
written instrument, signed by such owner, desig- 
nating him as such agent. Any false swearing 
in a material point in any such affidavit shall be 
deemed perjury. Such specifications, plans and 
statements shall be filed in the said departments 
and shall be deemed public records, but no such 
specifications, plans or statements shall be re- 
moved from said departments. The said depart- 
ments shall cause all such plans and specifications 
to be examined. If such plans and specifications 
conform to the provisions of this act relative to 
the light and ventilation and sanitation of tene- 
ment houses hereafter erected or altered, as the 
case may be, they shall be approved by the health 
department, and if they conform to the provisions 
of this act relative to the fire protection of tene- 
ment houses hereafter erected or altered, as the 
case may be, they shall be approved by the build- 
ing department and written certificates to that 

1 08 



REQUIREMENTS AND REMEDIES 

effect shall be issued by said departments re- 
spectively to the person submitting the same. 
Each such department may, from time to time, 
approve changes in any plans and specifications 
previously approved by it, provided the plans and 
specifications when so changed shall be in con- 
formity with law. The construction, alteration or 
conversion of such tenement house, building or 
structure or any part thereof, shall not be com- 
menced until the filing of such specifications, plans 
and statements, and the approval thereof, as 
above provided. The construction, alteration or 
conversion of such house, building or structure, 
shall be in accordance with such approved specifi- 
cations and plans. Any permit or approval which 
may be issued by the health department and the 
building department but under which no work has 
been done above the foundation walls within one 
year from the time of the issuance of such permit 
or approval, shall expire by limitation. Said de- 
partments shall have power to revoke or cancel 
any permit or approval in case of any failure or 
neglect to comply with any of the provisions of 
this act, or in case any false statement or repre- 
sentation is made in any specifications, plans or 
statements submitted or filed for such permit or 
approval. 

This section provides for the procedure 
with regard to the filing of plans and specifica- 
tions before building a new tenement house 
or altering an existing one. It should be 
109 



A MODEL TENEMENT HOUSE LAW 

noted that the same requirements apply to 
the conversion of an existing building for use 
as a tenement house, that is, the changing of 
its occupancy so as to make it a tenement 
even though no alterations are made. The 
requirement that certain statements shall be 
"verified by the person making them", means 
that they shall be sworn to before a notary or 
a commissioner of deeds. No person should 
be permitted to file plans and applications 
unless his authority so to do is recorded in 
writing and signed by the owner. 

§ 131. Certificate of Compliance. No build- 
ing hereafter constructed as or altered into a 
tenement house shall be occupied in whole or in 
part for human habitation until the issuance of a 
certificate by the health department that said 
building conforms in all respects to the require- 
ments of this act relative to the light and venti- 
lation and sanitation of tenement houses hereafter 
erected, nor until the issuance by the building 
department of a certificate that said building 
conforms in all respects to the requirements of 
this act relative to fire protection of tenement 
houses hereafter erected. Such certificates shall 
be issued within TEN DAYS after written applica- 
tion therefor, if said building at the date of such 
application shall be entitled thereto. 

This is a very important requirement. It 
prevents the occupancy of a new tenement 
without a certificate that it has been built 
1 10 



REQUIREMENTS AND REMEDIES 

according to law. This provision should be 
strictly enforced and owners should not be 
permitted to put tenants in new buildings 
without such certificates. It is no hardship 
to require the owner of a new building to 
build it in accordance with the law in every 
respect. It is his business to know what the 
law is before he builds and to comply with it. 

§ 132. Unlawful Occupation. If any build- 
ing hereafter constructed as or altered into a 
tenement house be occupied in whole or in part 
for human habitation in violation of the last 
section, during such unlawful occupation any bond 
or note secured by a mortgage upon said building, 
or the lot upon which it stands, may be declared 
due at the option of the mortgagee. No rent shall 
be recoverable by the owner or lessee of such 
premises for said period, and no action or special 
proceeding shall be maintained therefor, or for 
possession of said premises for non-payment of 
such rent. And said premises shall be deemed 
unfit for human habitation, and the department 
of health may cause them to be vacated accord- 
ingly. 

This seemingly drastic provision is neces- 
sary in order to prevent the occupancy of new 
buildings built contrary to law and which do 
not have a certificate as required in section 131. 
The department of health should not hesitate 
to vacate buildings thus unlawfully occupied. 
1 1 1 



A MODEL TENEMENT HOUSE LAW 

§133. Penalties for Violations. Every per- 
son who shall violate or assist in the violation of 
any provision of this act shall be guilty of a mis- 
demeanor punishable by imprisonment for TEN 
DAYS for each and every day that such violation 
shall continue, or by a fine of not less than TEN 
DOLLARS nor more than ONE HUNDRED 
DOLLARS if the offense be not wilful, or of TWO 
HUNDRED^AND FIFTY DOLLARS if the 
offense be wilful, and in every case of TEN DOL- 
LARS for each day after the first that such viola- 
tion shall continue, or by both such fine and im- 
prisonment in the discretion of the court; pro- 
vided that the penalty for incumbrance of a fire- 
escape by an occupant of the tenement house shall 
be a fine of ten dollars, which the nearest police 
magistrate shall have jurisdiction to impose. The 
owner of any tenement house or part thereof, or 
of any building or structure upon the same lot 
with a tenement house, or of the said lot, where 
any violation of this act or a nuisance exists, and 
any person who shall violate or assist in violating 
any provision of this act, or any notice or order of 
the departments charged with its enforcement, 
shall also jointly and severally for each such vio- 
lation and each such nuisance be subject to a civil 
penalty of fifty dollars. Such persons shall also 
be liable for all costs, expenses and disbursements 
paid or incurred by said departments, by any of 
the officers thereof or by any agent, employee or 



112 



REQUIREMENTS AND REMEDIES 

contractor of the same, in the removal of any such 
nuisance or violation. Any person who having 
been served with a notice or order to remove any 
such nuisance or violation, shall fail to comply 
with said notice or order within FIVE DAYS after 
such service, or shall continue to violate any 
provision or requirement of this act in the re- 
spect named in said notice or order, shall also be 
subject to a civil penalty of two hundred and fifty 
dollars. For the recovery of any such penalties, 
costs, expenses or disbursements, an action may 
be brought in any court of civil jurisdiction. In 
case the notice required by section one hundred 
and thirty-seven of this act is not filed, or in case 
the owner, lessee or other person having control 
of such tenement house does not reside within the 
state, or can not after diligent effort be served 
with process therein, the existence of a nuisance or 
of any violation of this act, or of any violation of 
an order or a notice made by said departments, in 
said tenement house or on the lot on which it is 
situated, shall subject said tenement house and 
lot to a penalty of two hundred and fifty dollars. 
Said penalty shall be a lien upon said house and 
lot. 

This section provides that any person vio- 
lating the act shall be guilty of a misdemeanor, 
that is, subject to arrest and imprisonment 
or fine. It applies not only to principals but 
also to all subordinates, employees, workmen 
or others who may assist in the violation. 

8 113 



A MODEL TENEMENT HOUSE LAW 

The section also provides for violations of 
orders issued by the departments charged 
with the enforcement of the act and renders 
offenders liable to a civil penalty of fifty dol- 
lars in addition to costs, expenses and dis- 
bursements. Such persons are made liable 
to a further penalty of $250 for failure to 
remove nuisances or violations within five 
days after service of notice so to do. It is 
further provided that where the owner cannot 
be found the house itself shall be subject to the 
penalty and that this shall be a lien upon the 
property. 

§ 134. Procedure. Except as herein other- 
wise specified, the procedure for the prevention of 
violations of this act, or for the vacation of prem- 
ises unlawfully occupied, or for other abatement 
of nuisance in connection with a tenement house, 
shall be as set forth in charter and ordinances. 
In case any tenement house, building or structure 
or any part thereof is constructed, altered, con- 
verted or maintained in violation of any provision 
of this act or of any order or notice of the depart- 
ments charged with its enforcement, or in case a 
nuisance exists in any such tenement house, 
building or structure or upon the lot on which 
it is situated, said departments may institute any 
appropriate action or proceeding to prevent such 
unlawful construction, alteration, conversion or 
maintenance, to restrain, correct or abate such 
violation or nuisance, to prevent the occupation 

114 



REQUIREMENTS AND REMEDIES 

of said tenement house, building or structure, or 
to prevent any illegal act, conduct or business in 
or about such tenement house or lot. In any such 
action or proceeding said departments may, by 
affidavit setting forth the facts, apply to the su- 
preme court, or to any justice thereof, for an 
order granting the relief for which said action or 
proceeding is brought, or for an order enjoining 
all persons from doing or permitting to be done 
any work in or about such tenement house, build- 
ing, structure or lot, or from occupying or using 
the same for any purpose, until the entry of final 
judgment or order. In case any notice or order 
issued by said departments is not complied with, 
said departments may apply to the supreme court, 
or to any justice thereof, for an order authorizing 
said departments to execute and carry out the 
provisions of said notice or order, to remove any 
violation specified in said notice or order, or to 
abate any nuisance in or about such tenement 
house, building or structure, or the lot upon which 
it is situated. The court, or any justice thereof, 
is hereby authorized to make any order specified in 
this section. In no case shall the said depart- 
ments or any officer thereof or the city be liable 
for costs in any action or proceeding that may be 
commenced in pursuance of this act. 

Under this section the enforcing officials are 
given the power to bring injunction proceed- 
ings as well as to sue for penalties and proceed 
against persons for misdemeanor. The power 
"5 



A MODEL TENEMENT HOUSE LAW 

to bring such actions in the Supreme Court 
is also granted which is very desirable at 
times. Further power is granted by this sec- 
tion enabling the department itself to hire 
workmen to do work that may be necessary 
in extreme cases. 

§ 135. Liens. Every fine imposed by judg- 
ment under_section one hundred and thirty-three 
of this act upon a tenement house owner shall be a 
lien upon the house in relation to which the fine is 
imposed from the time of the filing of a certified 
copy of said judgment in the office of the clerk of 
the county in which said tenement house is 
situated, subject only to taxes, assessments and 
water rates and to such mortgage and mechanics' 
liens as may exist thereon prior to such filing; 
and it shall be the duty of the department of 
health upon the entry of said judgment, to forth- 
with file the copy as aforesaid, and such copy, 
upon such filing, shall be forthwith indexed by the 
clerk in the index of mechanics' liens. 

All penalties that may be imposed by judg- 
ment are made liens upon the property. This 
is necessary, as otherwise there would be no 
way of collecting them, and judgments would 
have no terror for owners who refused to obey 
the law. 

§ 136. Lis Pendens. In any action or pro- 
ceeding instituted by the departments charged 

116 



REQUIREMENTS AND REMEDIES 

with the enforcement of this act, the plaintiff or 
petitioner may file in the county clerk's office of 
the county where the property affected by such 
action or proceeding is situated, a notice of the 
pendency of such action or proceeding. Said 
notice may be filed at the time of the commence- 
ment of the action or proceeding, or at any time 
afterwards before final judgment or order, or at 
any time after the service of any notice or order 
issued by said department. Such notice shall 
have the same force and effect as the notice of 
pendency of action provided for in the code of 
civil procedure. Each county clerk with whom 
such notice is filed shall record it, and shall index 
it to the name of each person specified in a direc- 
tion subscribed by the corporation counsel. Any 
such notice may be vacated upon the order of a 
judge or justice of the court in which such action 
or proceeding was instituted or is pending, or 
upon the consent in writing of the corporation 
counsel. The clerk of the county where such 
notice is filed is hereby directed to mark such 
notice and any record or docket thereof as can- 
celed of record, upon the presentation and filing 
of such consent or of a certified copy of such order. 

This provision enables the department to 
file a notice of lis pendens (suit pending) at 
the beginning of its action instead of waiting 
till after judgment has been rendered. Its 
effect is to make public the fact that there is 
litigation with regard to the particular building 
117 



A MODEL TENEMENT HOUSE LAW 

and prevent innocent purchasers from having 
the property "unloaded" upon them with all 
the existing violations. 

§ 137. Registry of Owner's Name. Every 
owner of a tenement -house and every lessee of the 
whole house, or other person having control of a 
tenement house, shall file in the health depart- 
ment, a notice containing his name and address, 
and also a description of the property, by street 
number or otherwise, as the case may be, in such 
manner as will enable the said department easily 
to find the same; and also the number of apart- 
ments in each house, the number of rooms in each 
apartment, and the number of families occupying 
the apartments. 

This section imposes upon the owner respon- 
sibility for seeing that his name and address 
are recorded in the health department with 
regard to each tenement house that he owns. 
The health department is thus enabled to 
serve the necessary orders upon the respon- 
sible person and does not have to waste time 
and money in attempting to find him. 

§ 138. Registry of Agent's Name. Every 
owner, agent or lessee of a tenement house may 
file in the department of health a notice contain- 
ing the name and address of an agent of such 
house, for the purpose of receiving service of pro- 
cess, and also a description of the property by 

118 



REQUIREMENTS AND REMEDIES 

street number or otherwise, as the case may be, 
in such manner as will enable the department of 
health easily to find the same. The name of the 
owner or lessee may be filed as agent for this 
purpose. 

This enables an owner for his convenience 
to file in the health department the name of 
a person to whom he wishes all departmental 
notices to be sent. 

§ 139. Service of Notices and Orders. 
Every notice or order in relation to a tenement 
house shall be served FIVE DAYS before the 
time for doing the thing in relation to which it 
shall have been issued., The posting of a copy of 
such notice or order in a conspicuous place in the 
tenement house, together with the mailing of a 
copy thereof, on the same day that it is posted, 
to each person, if any, whose name has been filed 
with the department of health in accordance with 
the provisions of sections one hundred and forty 
and one hundred and thirty-seven of this act, at 
his address as therewith filed, shall be sufficient 
service thereof. 

This permits legal service by the posting of 
a copy of the notice in the tenement house 
itself, in addition to mailing a copy to the per- 
son whose name is registered in the depart- 
ment. It thus does away with the delay and 
expense of ordinary personal service. 
119 



A MODEL TENEMENT HOUSE LAW 

§ 140. Service of Summons. In any action 
brought by any city department in relation to a 
tenement house for injunction, vacation of the 
premises or other abatement of nuisance, or to 
establish a lien thereon, it shall be sufficient ser- 
vice of the summons to serve the same as notices 
and orders are served under the provisions of the 
last section; provided, that if the address of any 
agent whose-name and address have been filed in 
accordance with the provisions of section one 
hundred and thirty-eight of this act is in the city 
in which the tenement house is situated, then a 
copy of the summons shall also be delivered at 
such address to a person of proper age, if upon 
reasonable application admittance can be ob- 
tained and such person found; and provided also, 
that personal service of the summons upon the 
owner of such tenement house shall be sufficient 
service thereof upon him. 

§ 141. Indexing Names. The names and ad- 
dresses filed in accordance with sections one hun- 
dred and thirty-seven and one hundred and 
thirty-eight shall be indexed by the department 
of health, in such a manner that all of those filed 
in relation to each tenement house shall be to- 
gether, and readily ascertainable. The board of 
health shall provide the necessary books and 
clerical assistance for that purpose, and the ex- 
pense thereof shall be paid by the city. Said in- 
dexes shall be public records, open to public in- 
spection during business hours. 

120 






REQUIREMENTS AND REMEDIES 

§ 142. Laws Repealed. All statutes of the 
state and all local ordinances so far as inconsistent 
with the provisions of this act, are hereby repealed, 

§ 143. When to Take Effect. This act shall 
take effect immediately. 

It is essential that the act should take 
effect immediately. Pressure will be brought 
to bear to make it take effect some months 
after its enactment. This should not be 
heeded. The effect of such a provision will 
be the filing of plans in large quantities for 
every lot in the city to anticipate the new 
law and to permit people to build tenement 
houses under the provisions of the old one for 
many years to come. There is no hardship 
in making the act take effect at once, es- 
pecially as architects and owners will have had 
ample notice of it in connection with the dis- 
cussion arising during its passage through the 
legislature. 



121 






INDEX 



INDEX 

SECTION PAGE 

Abatement 

of nuisance, procedure for ioo, 101, 134 84, 85, 1 14 

Access 

street to yard 46 51 

through bedroom to other rooms 

forbidden 24 32 

to bottom of shafts and courts 117 100 

to plumbing pipes 36 42 

Accommodations 

water-closet 34, 68, 83, 1 1 5 40, 63, 72, 97 

Accumulations 

of dirt, etc., forbidden 89 78 

Agent 

for service of process, name to be 

filed 138 118 

may file plans for owner 130 107 

Air-intakes 

for inner courts 1 5, 63 26, 60 

Air-space 

in rooms, amount required 99 83 

Alcove Rooms 22, 64, 65, 66 3 1 , 6 1 , 62 

Alteration 

of building not a tenement house, 
subject to provisions of act re- 
lating to new buildings 3 18 

of tenement houses contrary to law 

forbidden . . = 4 19 

Alterations 

permit necessary 130 107 

provisions relating thereto 60 to 76 59 to 67 

to existing tenement houses, time 
for 6 20 

Angles of Courts 16 27 

Animals 

keeping of, prohibited 94 80 

Apartment house 

definition 2(1) 13 

Approval 

of plans and specifications by de- 
partment 1 30 1 07 



12 



1 



INDEX 

SECTION PAGE 

Architect 

may file plans for owner 130 107 

Area 

in front of basement and cellar 

rooms 30, 84 36, 74 

of rooms 21, 64, 65 30, 61 

of windows in basement and cellar 

rooms . . 30, 84 36, 74 

of windows in rooms 20 29 

to be concreted, graded, drained 

and sewer connected 32 39 

Ashes 

receptacles for 93 80 

Assemblage 

use of tenement house as place of, 

prohibited 94 80 



Bakeries 
prohibited 96 81 

Base 
waterproof, required for water- 
closet compartments 34 40 

Basement 

definition 2 (7) 16 

floors to be watertight 31, 1 16 38, 100 

rooms, conditions of occupancy. . . 30, 84 36, 73 

Bathroom Windows 20 29 

Beams 
fireproof, when required 48 53 

Bedroom 
sole access through to other rooms 
forbidden 24 32 

Buildings 

altered to tenement houses 3 18 

cleanliness of 89 78 

dangerous, proceedings relative 

thereto 100 ,101 84, 85 

height of, how measured 2(14) 18 

on same lot with tenement house 18 28 

repair of 87, 101 yj t 85 

wooden, not to be placed on same 
lot with tenement house within 
fire limits 76 66 

Building Line 
fire escapes may project beyond 41 45 

Bulkheads 42, 72, 103, 121 48, 64, 86, 103 

126 



INDEX 

SECTION PAGE 

Businesses 
dangerous 97 82 

Ceilings 

cellar, to be plastered 116 100 

cellar to be whitewashed or 

painted 85 76 

no paper to be placed on same 

until old paper is removed, 92 79 

of rooms to be painted white 91 79 

to be cleaned before painting or 

papering 92 79 

to be kept clean 89 78 

Cellar 

ceiling to be plastered 116 100 

definition 2 (8) 16 

entrance 51 54 

floors, damp-proofing and water- 
proofing 31,116 38, 1 00 

rooms, conditions of occupancy 30, 84 36, 73 

stairs inside prohibited 49 53 

walls and ceilings to be white- 
washed or painted 85 76 

Cellars 

conditions of occupancy 30, 84 36, 73 

lighting of 31 38 

to be kept clean 89 78 

Certificate 

for new building before occupation 131 no 

of approval of plans and specifica- 
tions to be issued 130 107 

Cesspools 

prohibited 35 41 

Chimneys 23 31 

Cleanliness 

of buildings 89 78 

Closet 

under stairs to upper stories for- 
bidden 50 54 

Combustible materials 

storage of, prohibited 95 81 

Compliance 

time for 6 20 

Concreting 

of courts, shafts, areas and yards 

required 32 39 

127 



INDEX 

SECTION PAGE 

Condemnation 

of infected and uninhabitable 

houses, proceedings for ioo 84 

Construction 

or alteration before approval of 

plans forbidden 130 170 

Conversion 

of building to tenement house 3 18 

Court 

definition 2 (3) 15 

inner, definition 2 (3) 15 

outer, definition 2 (3) 15 

Courts _y 

access to bottom 117 100 

fire escapes in, forbidden 41 45 

inner, intakes for 1 5, 63 26, 60 

not to be covered at top 14 26 

size of 13, 63 25, 60 

to be concreted, graded, drained 

and sewer-connected 32 39 

walls of, to be painted or white- 
washed 90 79 

Cubic feet of air 

required 99 83 



Damp-proofing 

of foundation walls 31, 1 16 38, 100 

of lowest floors ....31,116 38, 1 00 

Dangerous Buildings 

proceedings relative thereto 101 85 

Dangerous Businesses 97 82 

Definitions 2 13 

Dirt 

accumulations of, forbidden 89 78 

Discretionary power 

in modifying provisions of act for- 
bidden 5 19 

Draining 

of courts, shafts, areas and yards 32 39 

Drip trays 

prohibited 34 40 

Drug stores 

doors and transoms to halls for- 
bidden 97 82 

Dumb-waiter shafts 47, 74 52,^65 

128 



INDEX 

SECTION PAGE 

Effect 

time when act takes 143 121 

Egress 
in case of fire 120 103 

Elevator shafts 47*74 5 2 » 65 

Encumbrance 

of fire escapes 1 02 86 

of fire escapes, penalty for 133 112 

Entrance 

hall, construction of 43, 46 48, 5 1 

to cellar required 51 54 

width of 46 51 

Excelsior 

storage of, forbidden 95 81 



Fat-boiling 

prohibited 96 81 

Filing 

of lis pendens 136 116 

of owner's name 137 1 18 

of plans 130 107 

Filth 
accumulations of, forbidden 89 78 

Fire Department 

permit for storage of combustible 

materials required 95 81 

Fire Escapes 41, 70, 102, 1 18 44, 64, 86, 101 

encumbrance of 102 86 

in courts forbidden 41 44 

Fireplaces 23 31 

Fire Protection 

provisions relative to 40 to 52 44 to 55 

Fireproof Tenement House 

definition 2 (9) 16 

when required 40, 69 44, 63 

Flat 
definition 2(1) 13 

Floor 
beneath and around water-closets 

to be kept in good order and 

painted 86, 114 76, 96 

lowest, damp-proofing of 31, 116 38, 100 

slats, wooden, to be removed from 

fire escapes 119 103 

9 129 



30 



INDEX 

SECTION PAGE 

Floor (Continued) 
surface beneath sinks in halls and 

stairs to be kept painted 86, 1 13 76, 96 

water on each 33, 88 39, yy 

Floor Area 

of room 21 

Floors 

basement and cellar, to be water- 
tight 31, 116 38, 100 

of water-closet compartments to 

be waterproof 34 40 

Flush Tanks 

for new water-closets 34, 1 1 5 40, 97 

Foundation Walls 
damp proofing and water-proofing 

of 31 38 

Frame 

buildings, not to be placed on same 
lot with tenement house within 

fire limits 76 66 

tenement houses, forbidden 52, 75 54, 66 

Frost 
flush tanks, pipes and traps of new 
yard water-closets to be pro- 
tected against 115 97 

Garbage 

accumulations of forbidden 89 78 

receptacles for 93 80 

General Provisions 1 to 6 13 to 20 

Glass Panels 

in doors to public halls in 94 

Goat 

not to be kept on premises 94 80 

Grading 

of courts, shafts, areas and yards 

required 32 39 

Habitation 

human, basement and cellar rooms 
to be fit for 30, 84 36, 73 

new buildings occupied without 

certificate, deemed unfit for 131, 132 1 10, 1 1 1 

Hall 

public, definition 2(5) 15 

stair, definition 2 (6) 15 

Halls 

entrance, width of 46 5 l 

130 



INDEX 

SECTION PAGE 

Halls (Continued) 

public, construction of 43>45> 46, 64, 73 48, 50, 51, 61,65 

public, lighting of 25, 26, 80, 81, 1 1 1, 1 12 32, 34, 71,94, 95 

public, size of windows 25, 26, 27 32, 34 

stair, construction of 43, 44,45,46, 64, 73 48,49, 50, 5 1, 61, 65 

stair, lighting of 27, 64, 65 34, 61 

stair, size of windows 27, 64 34, 61 

stair, ventilation of 27, 64, 65 34, 61 

Handling 
and storage of rags forbidden 94 80 

Hay 
storage of forbidden 95 81 

Health 

articles dangerous to, storage of 

forbidden 95 81 

things dangerous or detrimental to 100 84 

Height 

definition 2 (14) 18 

of basement and cellar rooms 30, 84 36, 73 

of non-fireproof tenement houses 4 to 5 

of rooms 21, 64 30,61 

of tenement houses proportionate 

to width of street 1 1,61 24, 59 

Hopper Closets 
long, permitted in yards 115 97 

Horse 
not to be kept on premises 94 80 

Housekeeper 
when necessary 98 82 

Housing Law 
difficulty of preparing 3 

Human Habitation 
basement and cellar rooms to be 

fit for 30, 84 36, 73 

Imprisonment 

for violation of act 133 112 

Improvements 

health department may order 101 85 

compulsory 1 10 to 121 91 to 103 

Infected Houses 

proceedings for vacation of 100 84 

Inner Court 

definition 2 (3) 15 

Intakes 

for inner courts 15 26 

131 



INDEX 



PAGE 



Interior Rooms 
lighting and ventilation of no 91 

Janitor 

or housekeeper, when necessary 98 82 

Judgment 

copy of, to be filed in County Clerk's 

office 135 116 

to establish penalty as lien 135 116 

Ladder 

to scuttle ^j , 103, 121 86, 103 

Law, Housing 

difficulty of preparation 3 

New York Tenement House 3 to 5 

model, objects of 5 to o 

Leaders 
rain, necessary 87 jy 

Leaky Roofs 87 jj 

Legal Provisions 130 to 143 107 to 121 

Lessee 
may file agent's name for service of 

process 138 1 18 

of whole house to register name 137 118 

Liens 135 1 16 

Life 

articles dangerous to, storage of 

forbidden 95 81 

Light 

and ventilation provisions 10 to 27 5, 23 to 34 

sufficient for basement and cellar 

rooms 30, 84 36, 73 

Lighting 

of halls 25, 26, 80, 81, 1 1 1, 1 12 32, 34, 71,94, 95 

of rooms 19, 64, 65, 1 10 29, 61,91 

Liquor Stores 
doors and transoms to halls for- 
bidden 97 82 

Lis pendens 136 1 16 

Living Rooms 
in basements and cellars, condi- 
tions of occupancy 30, 84 36, 73 

Locking 
of scuttle and bulkhead door for- 
bidden 103 86 

132 



INDEX 

SECTION PAGE 

Lodging House 

in tenement house forbidden 94 80 

Long Hopper Closets 

in yards permitted 115 97 

Lot 

percentage occupied 10, 60 23, 59 



Maintenance Provisions 80 to 103 71 to 86 

Mandatory Provision 

of act 2(12) 17 

Means of Egress 

in case of fire, additional 1 20 1 03 

Misdemeanor 

violation of act is a 133 112 

Model Law 

adaptation to local conditions 8 to 10 

applies only to multiple dwellings 9 

classification in 6 to 8 

objects in preparing 5 to 6 

Modification of Law 

prohibited 5 19 

Mortgage 

may be declared due if new build- 
ing occupied without certificate 132 1 1 1 

Municipal Authorities 

ruling of, not to modify or dispense 
with any provision of act 5 19 

Name W 

of agent to be registered 138 118 

of owner to be registered 137 118 

New Buildings 

occupied without certificate to be 

vacated 132 1 1 1 

permit necessary 130 107 

provisions applicable to 10 to 52 23 to 54 

New York Tenement House Law 3 to 5 

complicated 3 

enacted too late 4 

higher standards possible 5 

not ideal 4, 5 

unwisdom of copying 3, 4, 5 

Night Lighting 

of halls 81 71 

of water-closet compartments 34 40 

133 



INDEX 

SECTION PAGE 

Notices 

service of 1 39 119 

Nuisance 

abatement of, procedure for 100, 10 1, 134 84, 85, 1 14 

definition of 2 (11) 16 



Occupancy 

changes in 4 19 

Occupant 

responsible for encumbrance of fire 

escapes 133 112 

Occupation 

of basement and cellar rooms 30, 84 36., 73 

of converted building without 

certificate forbidden 131 no 

of new building without certificate 

unlawful/ 131, 132 1 10, 1 1 1 

Open Spaces 5 

Ordinances 

inconsistent with act repealed 142 121 

not to modify or dispense with any 

provision of act 2 (12) 17 

Outer Court 

definition 2 (3) 15 

Outside Stairs 

in lieu of fire escapes 41 44 

Overcrowding 

prohibited 99 83 

Owner 

may file agent's name for service of 

process 138 1 18 

to file plans for new buildings or 

alterations 130 107 

to keep tenement house clean 89 78 

to paint or whitewash walls of 

courts or shafts 90 79 

to provide receptacles for garbage, 

ashes and refuse 93 80 

Owners' Names 

registry of 137 118 



Paint Stores 
doors and transoms forbidden to 

halls from 97 82 

134 



INDEX 

SECTION AGE 

Painting 

of fire escapes 41 44 

of space beneath and around 

water-closets and sinks 86, 1 13 76, 96 

of walls and ceiling 85, 91 76, 79 

of walls, courts and shafts 90 79 

Panels 

glass, in doors to public halls n 1 94 

Passageways 

for inner courts 15 26 

Penalties 

for violations 133 112 

Percentage 

of lot occupied 10, 60 23, 59 

Permit 

for occupation of basement and 

cellar rooms 30, 84 36, 73 

for storage of combustible ma- 
terials 95 81 

to commence new buildings or 

alterations 130 107 

Pipes 

of new yard water-closets to be 

protected against frost 115 97 

space around to be air-tight 36 42 

Plans 

may be amended 130 107 

not to be removed from Depart- 
ment 130 107 

to be examined * 130 107 

to be filed by owner or architect 130 107 

to be public records 130 107 

to conform to act and ordinances 130 107 

Plastering 

of cellar ceilings 1 16 100 

Plumbing 

fixtures, enclosure prohibited 36 42 

to be in accordance with plumbing 

regulations 36 42 

pipes to be exposed 36 42 

Posting 

of notices lawful service 139 119 

service of summons 140 1 20 

Privacy 24 32 

Privy Vaults 

prohibited 35, 115 41, 97 

Procedure 134 1 14 

135 





23 to 


55 




1 3 to 20 




107 to 


121 




23 to 


35 

19 

121 




36 to 


43 
15 




3 2 >34>7i 


,94 


4*> 


50, 51,61, 


•65 



INDEX 

SECTION PAGE 

Proceedings 

for removal of nuisances 100, 1 01 84, 85 

for vacation of infected and unin- 
habitable houses 100, 101 84, 85 

Prohibited Uses 94 80 

Protection 

from fire 40 to 52 44 to 54 

Provisions 

applicable to new buildings 10 to 52 

general 1 to 6 

legal 130 to 143 

light and ventilation 10 to 27 

not to be modified 5 

of other acts repealed 142 

sanitary 30 to 36 

Public Halls 

definition 2 (5) 

lighting of 25, 26, 80, 81, 1 1 1 

construction of 43, 45, 46, 64, 73 

Public Records 

plans and specifications to be 130 107 

Pumps 

and tanks to be provided 88 yy 

Punishment 

for violation of act 1 33 112 



Rags 

storage and handling of, forbidden 94 80 

Rain Leaders 87 yy 

Rear 

buildings and front, space between 18 27 

tenements prohibited 17 28 

Receptacles 

for ashes, garbage and refuse 93 80 

Refuse 

receptacles for 93 80 

Registry 

of agent's name 138 118 

of owner's name 1 37 118 

Regulations 

not to modify or dispense with any 

provision of act 2(12) 17 

plumbing 36 42 

Remedies 130 to 143 107 to 121 

Repairs 87, 101 77,8$ 

136 



INDEX 

SECTION TAGE 

Repeal 142 121 

Requirements 
and remedies 130 to 143 107 to 121 

Roofs 

to be kept clean 89 78 

to be kept in repair and not to leak 87 yj 

Rooms 

alcove 22,64,65,66 31, 61,62 

basement and cellar, conditions of 

occupancy 30, 84 36, 73 

height of 21,64 30,61 

interior, lighting and ventilation of 1 10 91 

lighting and ventilation of 19, 64, 65, 1 10 29, 61 , 91 

not to be overcrowded 99 83 

size of 2 1 , 64, 65 30, 6 1 

to be kept clean 89 78 

walls and ceilings to be painted 

white -. . . . 91 79 

Rubbish 

receptacles for 93 80 

Ruling 

of municipal authorities not to 
modify or dispense with any pro- 
vision of act 2 (12) 17 



Sanitary Provisions 30 to 36 36 to 42 

School Sinks 115 97 

Scuttles 103, 121 86, 103 

Service 

of notices and orders 139 1 19 

of summons 140 120 

Sewer Connection 

for shafts, courts, areas and yards 

required 32 39 

required 35 41 

Shaft 

definition 2 (4) 15 

Shafts 

access to bottom 117 100 

construction of 47, 74 52, 65 

fire escapes in, forbidden 41 44 

to be concreted, graded, drained 

and sewer connected 32 39 

walls to be painted or whitewashed 90 79 

137 



INDEX 

SECTION PAGE 

Sheep 

not to be kept on premises 94 80 

Sink 

in each apartment. 33 39 

Sinks 

in halls or stairs, woodwork under 86, 1 1 3 76, 96 

school 115 97 

wall surface underneath, in halls 

and stairs to be kept painted 86, 1 1 3 76, 96 

Size 

of rooms 21,64, 65 30,61 

of windows for public halls 25, 26, 27 32, 34 

of windows for stair halls 27 34 

Skylights 26, 67, 1 12 34, 62, 95 

Slats 

wooden, to be removed from fire 

escapes 118 101 

Space 

around plumbing pipes to be air- 
tight 36 42 

underneath sinks and water-closets 

to be left open 86, 1 1 3 76, 96 

Specifications 

may be amended 130 107 

not to be removed from depart- 
ment 130 107 

to be examined 130 107 

to be filed by owner, agent or 

architect 130 107 

to be public records 130 107 

to conform to act and ordinances 130 107 

Stable 

in tenement house forbidden 94 80 

on same premises with tenement 

house forbidden 94 80 

Stair Hall 

definition 2 (6) 15 

lighting of 27, 64, 65 34, 61 

windows 27 34 

Stairs 43>7*> l0 3> l21 48,64,86, 103 

cellar, inside, prohibited 49 53 

to upper stories, closet under for- 
bidden 50 54 

width of 73 65 

Statutes 

repealed 142 i2t 

138 



INDEX 

SECTION PAGE 

Storage 

and handling of rags forbidden 94 80 

of articles dangerous to life or 

health forbidden 95 81 

of combustible materials pro- 
hibited 95 81 

of cotton, excelsior, feed, hay, and 

straw forbidden 95 81 

Stores 

paint, liquor and drug, doors and 

transoms to hails from 97 82 

Straw 

storage of, forbidden 95 81 

Street 

width of, to regulate height of new 

buildings 11,61 24, 59 

Summons 

service of 140 1 20 

Superintendent of Buildings 
to grant certificate that new tene- 
ment house conforms to cer- 
tain sections of act 131 no 

Supply 
water. 33, 88 39, 77 



Tanks 

and pumps to be provided 88 77 

flush, of new yard water-closets to 

be protected against frost ..115 97 

Tenant 

responsible for encumbrance of fire 

escapes 133 112 

Tenement House 

definition 2 (1) 13 

hereafter erected, provisions ap- 
plicable to 10 to 27 23 to 35 

Transoms 

in stair hall forbidden 45 50 

to halls from paint, liquor and 

drug stores forbidden 97 82 

Traps 

of new yard water-closets to be 

protected against frost 115 97 

Trays 

drip, prohibited 34 40 

139 



1 1 1 

84,85 


41,97 
62,95 


> 23 to 35 

36,73 
91 

3 2 >34,95 
29 



INDEX 

SECTION PAGE 

Uninhabitable Houses 
proceedings for vacation of 100 84 

Unlawful Occupation 
of new building 132 in 

Uses 
prohibited .94 80 



Vacation 
of new buildings occupied without 

certificate 132 

of premises, procedure for 100, 1 01 

Vaults ^y 
P ri vy 35>H5 

Ventilating Skylights 67, 112 

Ventilation 

and light provisions 10 to 27 

of basement and cellar rooms 30, 84 

of interior rooms no 

of halls 25, 26, 27, 1 1 2 

of rooms 19 

Violations 
penalties for 133 



Wall 

paper 92 79 

surface underneath sinks and 
closets in halls and stairs to be 

kept painted 86, 1 1 3 76, 96 

Walls 

damp-proofing of 31,116 38, 1 00 

no paper to be placed on same until 

all old paper is removed 92 79 

of cellar to be whitewashed or 

painted 85 76 

of courts and shafts to be painted 

or whitewashed 90, 92 79 

of rooms to be painted white 91 79 

to be kept clean 89 78 

Water-closet 

accommodations 34,68, 83 40, 63, 72 

compartments, access to 24 32 

compartments, floors to be water- 
proof 34 40 

compartments, lighting and venti- 
lation of 34 40 

for each family 34 40 

140 



INDEX 

SECTION PAGE 

Water-closet (Continued) 

seats, space underneath 86, 1 13 76, 96 

windows 20, 82 29, 72 

Water-closets 

for basement and cellar rooms 30, 84 36, 73 

in yards 115 97 

one for each family 34 40 

one for every two families 83, 1 1 5 72, 97 

separate compartment for each 34, 1 1 5 40, 97 

space beneath and around to be 

kept in good order and painted 86, 1 13 76, 96 

substitution for privy vaults and 

school sinks required 115 97 

to be kept clean 89 78 

to be located within apartments 34 40 

to be open 34 40 

woodwork under 86, 1 1 3 76, 96 

Waterproof Base 

and floor required for water-closet 
compartments 34 40 

Waterproofing 

of foundation walls 31, 116 38, 100 

of basement and cellar floors 31, 116 38, 100 

Water Supply 33, 88 39, 77 

Whitewashing 

of cellar walls and ceilings 85 76 

of walls of courts and shafts 90 79 

Winding Stairs 43 48 

Windows 

for stair halls, size of 27, 64 34, 61 

in basement and cellar rooms, area 

of 30, 84 36, 73 

in interior rooms, size of no 91 

in public halls 25, 26, 27 32, 34, 42 

in rooms, size of 20 29 

in water-closet compartments and 

bath rooms 20, 34 29, 40 

on street, yard or court for rooms 

in new buildings 19 29 

Wireglass 
in doors from stair halls 45 50 

Wooden 

building, definition 2 (10) 16 

buildings not to be placed on same 
lot with tenement house within 
fire limits 76 66 

141 



INDEX 

SECTION PAGE 

Wooden (Continued) 

fire escape balconies unlawful 1 19 103 

floor slats to be removed from fire 

escapes. 1 19 103 

outside stairs as fire escape un- 
lawful 119 103 

panels in doors to public halls 1 1 1 94 

tenement houses 52, 75 54, 66 

Woodwork 

enclosing sinks and closets in halls 

and stairs to be removed 1 13, 1 14 96 

enclosing water-closet forbidden 34 40 

Yard 

access to .- 46 51 

definition 2 (2) 15 

size of 1 2, 62 24, 60 

spaces 

to be concreted, graded, drained 

and sewer connected 32 

water-closets 115 



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